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MAR 4 ,Qoc. 



JOURNAL 

OF THE 

SENATE 

OF THE 

GENERAL ASSEMBLY 

OF THE 

STATE OF NORTH CAROLINA 



SECOND EXTRA SESSION 
MARCH — 1984 



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Lithographed by 

Winston Printing Company 

Winston-Salem, N. C, U. S. A. 



OFFICERS AND MEMBERS 
OF 

THE SENATE OF NORTH CAROLINA 

1983 GENERAL ASSEMBLY ^ 

SECOND EXTRA SESSION — MARCH 1984 

JAMES C. GREEN, President Clarkton 

W. CRAIG LAWING, President Pro Tempore Charlotte 

KENNETH C. ROYALL, JR., Majority Leader Durham 

SYLVIA M. FINK, Principal Clerk Raleigh 

LEROY CLARK, JR., Reading Clerk Wendell 

GERDA B. PLEASANTS, Sergeant-at-Arms Gary 

DISTRICT NAME OF SENATOR ADDRESS 

1 MELVIN R. DANIELS Elizabeth City 

2 J. J. HARRINGTON Lewiston 

3 JOSEPH E. THOMAS Vanceboro 

4 A. D. GUY Jacksonville 

5 HAROLD W. HARDISON Deep Run 

6 JULIAN R. ALLSBROOK Roanoke Rapids 

7 J. A. WRIGHT Wilmington 

8 HENSON P. BARNES Goldsboro 

9 VERNON E. WHITE Winterville 

10 DALLAS L. ALFORD, JR Rocky Mount 

11 JAMES D. SPEED Louisburg 

12 ANTHONY E. RAND Favettevilie 

LURA TALLY Fayetteville 

13 KENNETH C. ROYALL, JR Durham 

WILLIAM G. HANOCK, JR Durham 

14 JOSEPH E. JOHNSON Raleigh 

WILMA C. WOODARD Garner 

WILLIAM W. STATON Sanford 

15 ROBERT D. WARREN Benson 

16 WANDA HUNT Pinehurst 

RUSSELL WALKER Asheboro 

17 ROBERT B. JORDAN III Mt. Gilead 

AARON W. PLYLER Monroe 

18 R. C. SOLES. JR Tabor City 

19 ELTON EDWARDS Greensboro 

20 RICHARD W. BARNES Winston-Salem 

MARVIN WARD Winston-Salem 

21 GARY ALLRED Burlington 

22 CECIL ROSS JENKINS, JR Kannapolis 

W. CRAIG LAWING Charlotte 

KENNETH R. HARRIS Charlotte 

BENJAMIN T. TISON Charlotte 

23 JACK CHILDERS Lexington 

ROBERT M. DAVIS Salisbury 

24 CONRAD R. DUNCAN, JR Stoneville 

GEORGE W. MARION, JR Dobson 

25 OLLIE HARRIS Kings Mountain 

HELEN RH YNE MARVIN Gastonia 

MARSHALL A. RAUCH Gastonia 

26 T. CASS BALLENGER Hickory 

WILLIAM W. REDMAN, JR Statesville 

27 JAMES H. EDWARDS Hickory 

DONALD R. KINCAID Lenoir' 

28 ROBERT S. SWAIN Asheville 

DENNIS WINNER Asheyille 

29 CHARLES W. HIPPS Waynesyille 

R. P. THOMAS Hendersonyilie 

30 DAVID RUSSELL PARNELL Parkton 

31 WILLIAM N. MARTIN Greensboro 

32 RACHEL G. GRAY High Point 



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J 'Is'A-fmE 



SENATE JOURNAL 

SECOND EXTRA SESSION 
MARCH 1984 

/^ FIRST DAY 

Senate Chamber, 
Wednesday, March 7, 1984. 

In accordance with law, as set forth in the Constitution of the State of North Carohna, 
and pursuant to the Proclamation issued by the Governor on March 1, 1984, the Senate of 
the North Carohna General Assembly convenes in Second Extra Session at the hour of 
10:00 A.M. in the Senate Chamber of the State Legislative Building in the City of Raleigh. 

The Honorable James C. Green, Lieutenant Governor, presides and calls the Senate to 
order. 

Prayer is offered by Dr. J. C. Harris, Minister of the First Baptist Church of States- 
ville, as follows: 

"We are here, Dear Father, today, to do business for our State, and we come in Your 
Name seeking Your blessing and help. Lord, Give us the faith to accept those things that 
cannot be changed, the courage to change the things that need be, and the wisdom to know 
the difference. 

"We realize the delicate nature of this Session, and yet we have confidence that we will 
be successful in all that we undertake. Lord, make us an instrument of Thy peace. Where 
there is hatred, let us sow love; where there is doubt, give us faith; where there is 
darkness, light. 

"Lord, give this Assembly the courage to be fair in all its transactions. In Thy Name we 
pray. Amen." 

Led by the Lieutenant Governor, the Senators and guests remain standing and pledge 
their allegiance to the United States of America. 

The President lays before the Senate the Proclamation by the Governor, James B. 
Hunt, Jr., issued March 1, 1984, as follows: 

STATE OF NORTH CAROLINA 

James B. Hunt, Jr. 

Governor 

EXTRA SESSION OF THE GENERAL ASSEMBLY 

A PROCLAMATION BY THE GOVERNOR 

MARCH 1, 1984 

WHEREAS, THE President of the North Carohna Senate, Lieutenant Governor 
Jimmy Green, and the Speaker of the North Carolina House of Representatives, Repre- 
sentative Liston B. Ramsey, have recommended that the General Assembly be convened 



March 7, 1984 



6 SENATE JOURNAL [Second Extra Session 

in Extra Session by proclamation of the Governor for the purpose of considering and 
acting upon legislation to reapportion and redistrict the State of North Carolina; and 

WHEREAS, it is in the best interests of the State of North Carolina that an Extra 
Session of the General Assembly be convened as soon as is practicable; 

NOW, THEREFORE, I, James B. Hunt, Jr., Governor ofthe State of North Carolina, 
under and by virtue of the authority vested in me by Article III, Section 5(7) of the 
Constitution of North Carolina, do, by and with the advice of the Council of State, 
proclaim that the General Assembly of North Carohna shall meet in Extra Session at 
Raleigh at 10:00 a.m., Wednesday, March 7, 1984, for the purpose of considering and 
acting upon legislation concerning the apportionment of the North Carolina House of 
Representatives and the North Carolina Senate and conforming changes in the election 
laws and the primary election schedule. 

I do hereby call upon, notify and direct all members ofthe General Assembly to meet in 
the City of Raleigh at 10:00 a.m., March 7, 1984, in such General Assembly as provided by 
the Constitution of North Carolina. 

Done in our Capitol at Raleigh, this the first day of March, 1984. 

(SEAL) S/ James B. Hunt, Jr. 

Governor 

The roll ofthe members ofthe Senate heretofore elected to the 1983 General Assembly, 
having properly received and subscribed to the oath of office, is called and the following 
answer the call: 

Senators Allred, Ballenger, Barnes of Wayne, Barnes of Forsyth, Childers, Daniels, 
Davis, Duncan, Edwards of Guilford, Edwards of Caldwell, Gray, Guy, Hancock, Hardi- 
son, Harrington, Harris of Mecklenburg, Hipps, Hunt, Jenkins, Johnson, Jordan, Kin- 
caid, Lawing, Marion, Martin, Marvin, Parnell, Plyler, Rand, Rauch, Redman, Royall, 
Soles, Speed, Staton, Swain, Tally, Thomas of Henderson, Walker, Ward, Warren, 
White, Winner, and Woodard — 44. 

The President announces a quorum present. 

The President grants leaves of absence for today to Senators Alford, Allsbrook, and 
Harris of Cleveland due to hospitalization, and to Senators Thomas of Craven, Tison, and 
Wright. 

ADOPTION OF RULES 

Senator Lawing offers a motion that the Senate adopt the Permanent Rules ofthe 1983 
Regular Session, As Amended by Senate Resolution 241, and the provisions contained in 
the Proclamation issued by the Governor on March 1, 1984, as the rules governing this 
Second Extra Session of the 1983 General Assembly convened this day, which motion 
prevails. 

COMMITTEE APPOINTMENTS 

The President announces that the Standing and Select Committees of the Senate 
heretofore appointed during the 1983 General Assembly are hereby appointed to serve 
during this Second Extra Session. 



March 7, 1984 



March, 1984] SENATE JOURNAL 7 

The President announces the appointment on February 27, 1984 of the following 
Senators to a Select Committee on Redistricting: Senators Rauch, Chairman; Allsbrook 
and Duncan, Vice-Chairmen; Allred, Ballenger, Barnes of Wayne, Daniels, Davis, Ed- 
wards of Guilford, Gray, Guy, Hardison, Harrington, Hipps, Jenkins, Jordan, Kincaid, 
Lawing, Martin, Parnell, Royall, Soles, Speed, Staton, Swain, Tally, Thomas of Craven, 
Thomas of Henderson, Walker, Ward, Warren, White, and Wright. 

The President orders a special message sent to the House of Representatives informing 
that Honorable Body that the Senate is organized and ready to proceed with the public 
business of this Second Extra Session of the 1983 General Assembly as stated in the 
Proclamation by the Governor. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

House of Representatives 
March 1, 1984 

Mr. President: 

It is ordered that a message be sent your Honorable Body with the information that the 
House of Representatives is organized and is now ready to proceed with the public 
business. 

Respectfully, 
Grace Collins 
Principal Clerk 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions are presented to the Senate, read the first time, and 
disposed of as follows: 

Senator Rauch moves that the rules be suspended to allow the introduction and referral 
to committee of the following bills which motion prevails by a two-thirds majority vote 
(electronically recorded). 

By Senator Rauch: 

S. B. 1, a bill to reapportion Districts One, Two, Six, Nine, Ten, Eleven, and Fourteen 
of the North Carolina Senate. 

Referred to the Select Committee on Redistricting. 

By Senators Lawing and Jenkins: 

S. B. 2, a bill to reapportion Senate District 22. 
Referred to the Select Committee on Redistricting. 

Senator Rauch announces a meeting, immediately upon recess, of the Select Com- 
mittee on Redistricting. 

The Chair declares the Senate in recess until 11:30 A.M. 



March 7, 1984 



8 SENATE JOURNAL [Second Extra Session 

MORNING SESSION— 11:30 A.M. 

The Senate meets pursuant to recess and is called to order by the Honorable James C. 
Green, Lieutenant Governor. 

REPORTS OF COMMITTEE 

Bills and resolutions are reported from the select committee, read by their titles, 
together with the reports accompanying them, and take their place on the Calendar, as 
follows: 

By Senator Ranch for the Select Committee on Redistricting: 1 

S. B. 1, a bill to reapportion Districts One, Two, Six, Nine, Ten, Eleven, and Fourteen 
of the North Carolina Senate, with a favorable report, as amended. 

On motion of Senator Rauch, the rules are suspended (electronically recorded) and the 
bill is placed before the Senate for immediate consideration, and on his further motion 
Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second (electronically recorded) and third readings and 
is ordered engrossed and sent to the House of Representatives. 

S. B. 2, a bill to reapportion Senate District 22, with a favorable report. 

On motion of Senator Rauch, the rules are suspended (electronically recorded) and the 
bill is placed before the Senate for immediate consideration. 

The bill passes its second (electronically recorded) and third readings and is ordered, 
without objection, sent to the House of Representatives by special messenger. 

The Chair declares the Senate in recess until 2:00 P.M. 

AFTERNOON SESSION— 2:00 P.M. 

The Senate meets pursuant to recess and is called to order by the Honorable James C. 
Green, Lieutenant Governor. 

Senator Tison, arriving after the call of the roll, is recorded present for a portion of 
today's Session. 

Senator Tison offers a motion that the rules be suspended to the end that he may be 
recorded voting "aye" on S. B. 1, a bill to reapportion Districts One, Two, Six, Nine, Ten, 
Eleven, and Fourteen of the North Carolina Senate and S. B. 2, a bill to reapportion 
Senate District 22, which motion prevails (electronically recorded). 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: ; 

H. B. 1, a bill to reapportion House Districts 21, 23, 36, and 39. , ; 

Referred to the Select Committee on Redistricting. 

Senator Rauch announces a meeting, immediately upon recess, of the Select Com- 
mittee on Redistricting. ,, . 

The Chair declares the Senate in recess until 3:15 P.M. , . 



March 7, 1984 



March, 1984] SENATE JOURNAL 9 

AFTERNOON SESSION— 3:15 P.M. 

The Senate meets pursuant to recess and is called to order by the Honorable James C. 
Green, Lieutenant Governor. 

REPORTS OF COMMITTEE 

The following bill is reported from the select committee, read by its title together with 
the report accompanying it, and takes its place on the Calendar: 

By Senator Rauch for the Select Committee on Redistricting: 

H. B. 1, a bill to reapportion House Districts 21, 23, 36, and 39, with a favorable report, 
as amended. 

On motion of Senator Rauch, the rules are suspended (electronically recorded) and the 
bill is placed before the Senate for immediate consideration, and on his further motion 
Committeee Amendment No. 1 is adopted. 

The bill, as amended, passes its second (electronically recorded) and third readings and 
is ordered, without objection, sent to the House of Representatives by special messenger 
for concurrence in Senate Amendment No. 1. 

SPECIAL MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

The following special messages are received from the House of Representatives: 

H. B. 2, a bill to reapportion District Eight of the North Carolina House of Representa- 
tives. 

Referred to the Select Committee on Redistricting. 

H. B. 3, a bill to provide for primary elections in districts reapportioned by the 1984 
Extra Session of the General Assembly. 
Referred to the Select Committee on Redistricting. 

H. B. 4, a bill to protect voters' privacy by altering the manner in which the results are 
reported from ballots cast by transferred voters. 
Referred to the Select Committee on Redistricting. 

H. J. R. 5, a joint resolution adjourning the 1984 Extra Session siyie die. 

On motion of Senator Rauch, the rules are suspended, and the joint resolution is placed 
before the Senate for immediate consideration, and is subsequently temporarily dis- 
placed. 

Senator Rauch announces a meeting, immediately upon recess, of the Select Com- 
mittee on Redistricting. 

The Chair declares the Senate in recess until 4:20 P.M. 

AFTERNOON SESSION— 4:20 P.M. 

The Senate meets pursuant to recess and is called to order by the Honorable James C. 
Green, Lieutenant Governor. 

Senator Kincaid offers a motion that the rules be suspended to the end that he may be 



March 7, 1984 



10 SENATE JOURNAL [Second Extra Session 

recorded voting "no" on H. B. 1, a bill to reapportion House Districts 21, 23, 36, and 39, as 
amended, which motion prevails (electronically recorded). 

Senator Speed offers a motion that S. B. 1, a bill to reapportion Districts One, Two, Six, 
Nine, Ten, Eleven, and Fourteen of the North Carolina Senate, be recalled from the 
House of Representatives for further consideration by the Senate, which motion fails to 
prevail (electronically recorded). 

REPORTS OF COMMITTEE 

Bills and resolutions are reported from the select committee, read by their titles, 
together with the reports accompanying them, and take their place on the Calendar, as 
follows: ..:. 

By Senator Rauch for the Select Committee on Redistricting: 

H. B. 2, a bill to reapportion District Eight of the North Carolina House of Representa- 
tives, with a favorable report. 

On motion of Senator Rauch, the rules are suspended (electronically recorded) and the 
bill is placed before the Senate for immediate consideration. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

H. B. 3, a bill to provide for primary elections in districts reapportioned by the 1984 
Extra Session of the General Assembly, with a favorable report. 

On motion of Senator Rauch, the rules are suspended (electronically recorded) and the 
bill is placed before the Senate for immediate consideration. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

H. B. 4, a bill to protect voters' privacy by altering the manner in which the results are 
reported from ballots cast by transferred voters, with a favorable report. 

On motion of Senator Rauch, the rules are suspended (electronically recorded) and the 
bill is placed before the Senate for immediate consideration. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

SPECIAL MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

The following special messages are received from the House of Representatives: 

S. B. 2, a bill to reapportion Senate District 22, for concurrence in House Amendment 
No. 1. 

On motion of Senator Rauch, the rules are suspended (electronically recorded), and the 
bill is placed before the Senate for immediate consideration. 

On motion of Senator Rauch, the Senate concurs (electronically recorded) in House 
Amendment No. 1 and the bill is ordered enrolled. 

H. B. 1 House of Representatives 

March?, 1984 

Mr. President- 
It is ordered that a message be sent your Honorable Body with the information that the 



March 7, 1984 



March, 1984] SENATE JOURNAL 11 

House fails to concur in the Senate amendment to H. B. No. 1, a bill to be entitled an act to 
reapportion House Districts 21, 23, 36 and 39, and requests conferees. The Speaker has 
appointed Representatives Bob Etheridge, Wright, Miller, Pulley, Spaulding on the part 
of the House to confer with a like committee appointed by the Senate to the end that the 
differences arising may be adjusted. 

Respectfully, 

' Grace Collins 

■ Principal Clerk 

Senator Royall moves that the President appoint conferees, which motion prevails. The 
President appoints Senators Royall, Hancock, Swain, Hardison, and Barnes of Wayne as 
conferees on the part of the Senate and a message is ordered sent to the House of 
Representatives informing that Honorable Body of such action. 

S. B. 1, a bill to reapportion Districts One, Two, Six, Nine, Ten, Eleven, and Fourteen 
of the North Carolina Senate, for concurrence in House Amendments No. 1 and No. 2. 

On motion of Senator Duncan, the rules are suspended, and the bill is placed before the 
Senate for immediate consideration. 

On motion of Senator Duncan, the Senate concurs (electronically recorded) in House 
Amendments No. 1 and No. 2 and the bill is ordered enrolled. 

Senator Thomas of Craven is noted present for a portion of today's Session. 

On motion of Senator Lawing, seconded by Senator Swain, the Senate adjourns to meet 
tomorrow at 9:00 A.M. 



SECOND DAY 



Senate Chamber, 
Thursday, March 8, 1984. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Green, Lieutenant Governor. 

Prayer is offered by the Honorable Marvin Ward, Senator from Forsyth County. 

Senator Lawing for the Rules and Operation of the Senate Committee announces that 
the Journal of yesterday has been examined and is found to be correct. On his motion, the 
Senate dispenses with the reading of the Journal and it stands approved as written. 

The President grants leaves of absence for today to Senators Alford and Harris of 
Cleveland due to hospitalization and to Senators Jordan, Marvin, Soles, Walker, Wright, 
and Edwards of Caldwell. 

Senator Allsbrook is noted present for a portion of today's Session. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 



March 8, 1984 



12 SENATE JOURNAL [Second Extra Session 

S. B. 2, an act to reapportion Senate District 22. (Chapter 4) 

H. B. 2, an act to reapportion District Eight of the North CaroHna House of Repre- 
sentatives. (Chapter 1) 

H. B. 3, an act to provide for primary elections in districts reapportioned by the 1984 
Extra Session of the General Assembly. (Chapter 2) 

H. B. 4, an act to protect voters' privacy by altering the manner in which the results are 
reported from ballots cast by transferred voters. (Chapter 3) 

Senator Lawing, President Pro Tempore of the Senate, assumes the gavel and presides 
in the absence of Lieutenant Governor Green who leaves to attend a prior commitment. 

CONFERENCE REPORT 

H. B. 1 

Senator Royall for the Conferees appointed to consider the differences arising between 
the Senate and House of Representatives upon H. B. 1, a bill to reapportion House 
Districts 21, 23, 36 and 39, submits the following Conference Report: 

To the President of the Senate and the 
Speaker of the House of Representatives: 

We, your conferees, appointed to resolve the differences arising between the Senate 
and the House of Representatives on H. B. 1, Second Edition Engrossed, a bill to be 
entitled an act to reapportion House Districts 21, 23, 36, and 39 wish to report as follows: 

The Senate recedes from its Amendment #1 and inserts the following new amendment 
in its place: 

"Amend the bill on page 4, lines 24-27 by rewriting those hnes to read: 

'It also includes from Precinct 9 only the following: Block 303 of Census Tract 13.02, 
Blocks 411 and 412 of Census Tract 20.03, and the part of Block 113 of Census Tract 20.02 
excluding the area bounded by Bexley Avenue, Monticello Avenue, Stuart Drive and 
Hope Valley Rd. 

on page 5, line 4, by deleting the number "4" 

on page 5, line 6 by adding after the line: "It also includes all of Precinct 4 not included in 
District 69." 

on page 5, hne 12 by adding after the line "It also includes from Precinct 4 only the 
following: 

Block 316 of Census Tract 4.02 and Blocks 120, 123, 124, 125, 126, 127, 311 and 317 of 
Census Tract 4.01." 

further amend on page 5, line 18 by adding after the word "boundaries", the words "and 
streets" 

And the House agrees to the same. 



March 8, 1984 



March, 1984] 



SENATE JOURNAL 



13 



To this end the conferees recommend that the Senate and House of Representatives 
adopt the foregoing report. 



This the 



day of 



S/ Kenneth C. Royall, Jr. 
S/ Robert S. Swain 
S/ Henson p. Barnes 
S/ Harold W. Harbison 
S/ William G. Hancock 
Conferees on the part 
of the Senate 



S/ Bobby R. Etheridge 
S/ George W. Miller, Jr. 
S/ W. Paul Pulley, Jr. 
S/ Richard Wright 

Conferees on the part 

of the House of Represeritatives 



On motion of Senator Royall, the Conference Report is adopted (electronically re- 
corded) and a message is ordered sent to the House of Representatives informing that 
Honorable Body of such action. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bill properly enrolled, and it is duly ratified 
and sent to the office of the Secretary of State: 

S. B. 1, an act to reapportion Districts One, Two, Six, Nine, Ten, Eleven, and Fourteen 
of the North Carolina Senate. (Chapter 5) 

CALENDAR 

The remaining resolution on the Calendar is taken up and disposed of, as follows: 

H. J. R. 5, a joint resolution adjourning the 1984 Extra Session sine die. 

Senator Royall offers Amendment No. 1 which is adopted (electronically recorded). 

The joint resolution, as amended, passes its second (electronically recorded) and third 
readings and is ordered sent to the House of Representatives for concurrence in Senate 
Amendment No. 1. 

The President Pro Tempore declares the Senate in recess until 12:00 M. 

NOON SESSION— 12:00 M. 

The Senate meets pursuant to recess and is called to order by the Honorable W. Craig 
Lawing, President Pro Tempore. 

SPECIAL MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

The following special messages are received from the House of Representatives: 



H. B. 1 



Mr. President: 



House of Representatives 
March 8, 1984 



It is ordered that a message be sent your Honorable Body with the information that the 
House has adopted the report of the Conferees on H. B. No. 1, A BILL TO BE 
ENTITLED AN ACT TO REAPPORTION HOUSE DISTRICTS 21, 23, 36 and 39, to 



March 8, 1984 



14 SENATE JOURNAL [Second Extra Session 

the end that when a similar action has been taken on the part of the Senate we will oi der 
the bill enrolled. 

Respectfully, : . . ; 

S/ Grace Collins 
Principal Clerk 

H. B. 6, a bill to provide an effective date for Chapter 6. 

On motion of Senator Ranch, the rules are suspended, and the bill is placed before the 
Senate for immediate consideration. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

H. B. 1, an act to reapportion House Districts 21, 23, 36 and 39. (Chapter 6) 

H. B. 6, an act to provide an effective date for Chapter 6. (Chapter 7) 

H. J. R. 5, a joint resolution adjourning the 1984 Extra Session sine die. (Res. 1) 

Senator Royall, seconded by Senator Hipps, offers a motion that this Senate of the 1983 
General Assembly, meeting in Second Extra Session under the call of the Governor, do 
now adjourn, sine die. 

The President Pro Tempore orders a message sent to the House of Representatives 
informing that Honorable Body that the Senate has completed the business for which it 
was convened by the Proclamation of the Governor and stands ready to adjourn this 
Second Extra Session of the 1983 General Assembly, si^ie die. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

H. J. R. 5 House of Representatives 

March 8, 1984 

Mr. President: 

You are respectfully advised that in accordance with H. J. R. 5, A JOINT RESOLU- 
TION ADJOURNING THE 1984 EXTRA SESSION SINE DIE, the business of the 
House of Representatives for the Second Extra Session of the 1984 General Assembly has 
been concluded and that this Body will be ready to open the doors of the House im- 
mediately upon receipt of information from your Honorable Body that you are ready to 
open your doors, that the gavels may fall simultaneously and adjournment may be 
declared sine die. 

Respectfully, 
. _ S/ Grace Collins 

Principal Clerk 



March 8, 1984 



March, 1984] SENATE JOURNAL 15 

Pursuant to the message that the House of Representatives has concluded the business 
before it and having notified that Honorable Body that the Senate has completed the 
business before it, the President Pro Tempore of the Senate declares that the Senate 
stands ready for adjournment. 

The President Pro Tempore orders the doors of the Senate thrown open and the 
Speaker of the House of Representatives is perceived standing ready to let the gavel fall. 

The motion to adjourn heretofore offered by Senator Royall prevails. 

The hour for adjournment sine die fixed by Resolution 1, having arrived, the President 
Pro Tempore of the Senate, W. Craig Lawing, presiding in the absence of the Lieutenant 
Governor, declares the Senate of the 1983 General Assembly meeting in Second Extra 
Session under the call of the Governor, adjourned, sine die. 



James C. Green 
President of the Senate 



Sylvia Morris Fink 
Principal Clerk of the Senate 



March 8. 1984 



SECOND EXTRA SESSION 1983 




18 SENATE JOURNAL [Second Extra Session 

NORTH CAROLINA GENERAL ASSEMBLY 
SENATORIAL DISTRICTS 

(G. S. 120-1) 

DISTRICTS COUNTIES 

Seats Townships, Precincts, Towns, Census Tracts, Enumeration Districts 

1st (1) BEAUFORT (Township of Pantego), BERTIE (Townships of Merry 

Hill, Whites, Windsor — Town of Askewville; Enumeration Districts 
196, 197), CAMDEN, CHOWAN, CURRITUCK, DARE, GATES 
(Townships of Holly Grove, Hunters Hill, Mintonsville), HYDE, PAS- 
QUOTANK, PERQUIMANS, TYRRELL, WASHINGTON. 

2nd (1) BERTIE (Townships of Colerain, Indian Woods, Mitchells, Roxobel, 

Snake Bite, Woodville, Windsor — Town of Windsor; Enumeration Dis- 
tricts 198A, 199), EDGECOMBE (Townships of 3 — Upper Conetoe, 
4 — Deep Creek), GATES (Townships of Gatesville, Hall, Haslett, 
Reynoldson), HALIFAX (Townships of Conocarnara, Enfield, Halifax, 
Littleton, Palmyra, Roseneath, Scotland Neck, Weldon), HERTFORD, 
MARTIN (Townships of Goose Nest, Hamilton), NORTHAMPTON, 
VANCE (Townships of Middleburg-Nutbush, Townsville, Williams- 
boro), WARREN (Townships of Fork, Hawtree, Nutbush, River, 
Roanoke, Sandy Creek, Shocco, Sixpound, Smith Creek, Warrenton). 

3rd (1) CARTERET, CRAVEN, PAMLICO. 

4th (1) ONSLOW. 

5th J) DUPLIN, JONES, LENOIR, PENDER (Townships of Columbia, 

Union). 

6th (1) EDGECOMBE (Townships of 1 — Tarboro, 2 — Lower Conetoe, 5 — 

Lower Fishing Creek, 8 — Sparta, 9 — Otter Creek, 10 — Lower 
Town Creek, 11 — Walnut Creek, 12 — Rocky Mount, 13 — Cokey, 
14 — Upper Town Creek), MARTIN (Township of Robersonville), 
PITT (Townships of Arthur, Belvoir, Bethel, Falkland, Farmville, 
Fountain), WILSON (Townships of Gardner, Wilson, Toisnot). 

7th (1) NEW HANOVER, PENDER (Townships of Burgaw, Canetuck, Cas- 

well, Grady, Holly, Long Creek, Rocky Point, Topsail). 

8th (1) GREENE, WAYNE. 

9th (1) BEAUFORT (Townships of Bath, Chocowinity, Long Acre, Richland, 

Washington), MARTIN (Townships of Beargrass, Cross Roads, Grif- 
fins, Jamesville, Poplar Point, Williams, Williamston), PITT 
(Townships of Ayden, Carolina, Chicod, Greenville, Grifton, Grimes- 
land, Pactolus, Swift Creek, Winterville). 

10th (1) EDGECOMBE (Townships of 6 — Upper Fishing Creek, 7 — Swift 

Creek), HALIFAX (Townships of Brinkleyville, Butterwood, Faucett, 
Roanoke Rapids), NASH, WARREN (Townships of Fishing Creek, 
Judkins), WILSON (Townships of Black Creek, Cross Roads, Old 
Fields, Saratoga, Springhill, Stantonsburg, Taylor). 



March, 1984] SENATE JOURNAL 19 

nth (1) FRANKLIN, VANCE, WAKE (Townships of Bartons Creek, Little 

River, Marks Creek, New Light, Wake Forest, St. Matthews Precincts 
1, 2, 3, 4). 

12th (2) CUMBERLAND (Townships of Black River, Carvers Creek, Cedar 

Creek, Cross Creek, Eastover, Gray's Creek, Manchester, Pearces 
Mills, Rockfish, Seventy-First). 

13th (2) DURHAM, GRANVILLE, PERSON, ORANGE (Townships of Cedar 

Grove, Eno, Little River). 

14th (3) HARNETT, LEE , WAKE (Townships of Buckhorn, Gary, Cedar Fork, 

Holly Springs, House Creek, Leesville, Meredith, Middle Creek, Neuse 
River, Panther Branch, Raleigh, St. Mary's, St. Matthew's [not in- 
cluded in District 11], Swift Creek, White Oak). 

15th (1) JOHNSTON, SAMPSON. 

16th (2) CHATHAM, MOORE, RANDOLPH, ORANGE (Townships of Bing- 

ham, Chapel Hill, Cheeks, Hillsborough). 

17th (2) ANSON, MONTGOMERY, RICHMOND, SCOTLAND, STANLY, 

UNION. 

18th (1) BLADEN, BRUNSWICK, COLUMBUS, CUMBERLAND (Town- 

ship of Beaver Dam). 

19th (1) FORSYTH (Townships of Belews Creek, Kernersville), GUILFORD 

(Townships of Bruce, Center Grove, Clay, Fentress, Greene, Madison, 
Monroe, Oak Ridge, Rock Creek, Washington — Precincts of Friend- 
ship I, Greensboro 10, 20, 21, 27, 28, 32, 34, 35). 

20th (2) FORSYTH (Townships of Abbotts Creek, Bethania, Broadbay, Clem- 

monsville, Lewisville, Middle Fork, Old Richmond, Old Town, Salem 
Chapel, South Fork, Vienna, Winston). 

ALAMANCE, CASWELL. 

CABARRUS, MECKLENBURG (Precincts of Charlotte 62, 64, Clear 
Creek, Matthews, Mint Hill 1, 2, Morning Star, Providence). 

DAVIDSON, DAVIE, ROWAN. 

ALLEGHANY, ASHE, ROCKINGHAM, STOKES, SURRY, 
WATAUGA. 

CLEVELAND, GASTON, LINCOLN, RUTHERFORD. 

ALEXANDER, CATAWBA, IREDELL, YADKIN. 

AVERY, BURKE, CALDWELL, MITCHELL, WILKES. 

BUNCOMBE, McDowell, madison, yancey. 

CHEROKEE, CLAY, GRAHAM, HAYWOOD, HENDERSON, 
JACKSON, MACON, POLK, SWAIN, TRANSYLVANIA. 

30th (1) HOKE, ROBESON. 



21st 


(1) 


22nd 


(1) 


23rd 


(2) 


24th 


(2) 


25th 


(3) 


26th 


(2) 


27th 


(2) 


28th 


(2) 


29th 


(2) 



20 SENATE JOURNAL [Second Extra Session 

31st (1) GUILFORD (Townships of Jefferson, Sumner, High Point Census 

Tract 166 [Block 921], Precincts of Greensboro 3, 4, 5, 6, 7, 8, 9, 11, 19, 
25, 29, 30, High Point 3, 5, 6, 7, 11, 12, 19, Jamestown 1, 2, 3). 

32nd (1) GUILFORD (Township of Deep River; Precincts of Friendship II, 

Greensboro 1, 2, 12, 13, 14, 15, 16, 17, 18, 22, 23, 24, 26, 31, 33, 36, High 
Point 1, 2, 4, 8, 9, 10, 13, 14, 15, 16, 17, 18, 20, 21). 

33rd (1) MECKLENBURG (Precincts of Charlotte 2, 11, 12, 13, 14, 15, 16, 22, 

25, 27, 29, 31, 39, 41, 42, 44, 46, 52, 54, 55, 56, 60, 77, 78, 82, Long Creek 
2. 

34th (I) MECKLENBURG (Precincts of Charlotte 3, 4, 5, 23, 24, 26, 28, 30, 33, 

40, 43, 45, 53, 61, 79, 80, 81, 83, 84, 89, Berryhill, Cornelius, Crab 
Orchard 1, 2, Davidson, Huntersville, Lemly, Long Creek 1, Mallard 
Creek 1, 2, Oakdell, Paw Creek 1, 2, Steel Creek 1, 2.) 

35th (1) MECKLENBURG (Precincts of Charlotte 1,6,7,8,9,10, 17, 18, 19, 20, 

21, 32, 34, 35, 36, 37, 38, 47, 48, 49, 50, 51, 57, 58, 59, 63, 65, 66, 67, 68, 69, 
70, 71, 72, 73, 74, 75, 76, 85, 86, 88, Pineville) 



Ch. 5 (First Extra Session) — Ch. 2 (Second Extra Session) 1982 
Ch. 4 and 5 (Second Extra Session) 1984 



FILED — January 27, 1984 ; 

J. Rich Leonard, Clerk 
U.S. District Court 
E. Dist. No. Car. 

UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF NORTH CAROLINA 

RALEIGH DIVISION 



RALPH GINGLES, et al. 






Plaintiffs, 










No. 81-803-CIV-5 


vs. 










MEMORANDUM OPH 


RUFUS L. EDMISTEN, et al. 




- . ■ . . . ; . , 


Defendants. 




.^ . : . •, 



Before PHILLIPS, Circuit Judge, BRITT, Chief District Judge, and DUPREE, Senior 
District Judge. 

PHILLIPS, Circuit Judge: 

In this action Ralph Gingles and others, individually and as representatives of a class 
composed of all the black citizens of North Carohna who are registered to vote, challenge 
on constitutional and statutory grounds the redistricting^ plan enacted in final form in 
1982 by the General Assembly of North Carolina for the election of members of the Senate 
and House of Representatives of that state's bicameral legislature. Jurisdiction of this 
three-judge district court is based on 28 U.S.C. §§ 1331, 1343, and 2284 (three judge court) 
and on 42 U.S.C. § 1973c. 



March, 1984] SENATE JOURNAL 21 

The gravamen of plaintiffs' claim is that the plan makes use of multi-member districts 
with substantial white voting majorities in some areas of the state in which there are 
sufficient concentrations of black voters to form majority black single-member districts, 
and that in another area of the state the plan fractures into separate voting minorities a 
comparable concentration of black voters, all in a manner that violates rights of the 
plaintiffs secured by section 2 of the Voting Rights Act of 1965, amended June 29, 1982, 42 
U.S.C. § 1973 (Section 2, or Section 2 of the Voting Rights Act), 42 U.S.C. §§ 1981 and 
1983, and the thirteenth, fourteenth and fifteenth amendments to the United States 
Constitution.^ In particular, the claim is that the General Assembly's plan impermissibly 
dilutes the voting strength of the state's registered black voters by submerging black 
voting minorities in multi-member House District No. 36 (8 members — Mecklenburg 
County), multi-member House District No. 39 (5 members — part of Forsyth County), 
multi-member House District No. 23 (3 members — Durham County), multi-member 
House District No. 21 (6 members — Wake County), multi-member House District No. 8 
(4 members — Wilson, Edgecombe and Nash Counties), and multi-member Senate Dis- 
trict No. 22 (4 members — Mecklenburg and Cabarrus Counties), and by fracturing 
between more than one senate district in the northeastern section of the state a concentra- 
tion of black voters sufficient in numbers and contiguity to constitute a voting majority in 
at least one single-member district, with the consequence, as intended, that in none of the 
senate districts into which the concentration is fractured (most notably. Senate District 2 
with the largest mass of the concentration) is there an effective voting majority of black 
citizens. 

We conclude on the basis of our factual findings that the redistricting plan violates 
Section 2 of the Voting Rights Act in all the respects challenged, and that plaintiffs are 
therefore entitled to appropriate relief, including an order enjoining defendants from 
conducting elections under the extant plan. Because we uphold plaintiffs' claim for relief 
under Section 2 of the Voting Rights Act, we do not address their other statutory and 
constitutional claims seeking the same relief. 

I 
General Background and Procedural History 

In July of 1981, responding to its legal obligation to make any redistrictings compelled 
by the 1980 decenniel census, the North Carohna General Assembly enacted a legislative 
redistricting plan for the state's House of Representatives and Senate. This original 1981 
plan used a combination of multi-member and single-member districts across the state, 
with multi-member districts predominating; had no district in which blacks constituted a 
registered voter majority and only one with a black population majority; and had a range 
of maximum population deviations from the equal protection ideal of more than 20%. Each 
of the districts was composed of one or more whole counties, a result then mandated by 
state constitutional provisions adopted in 1968 by amendments that prohibited the divi- 
sion of counties in legislative districting. At the time this original redistricting plan was 
enacted (and at all critical times in this litigation) forty of North Carolina's one hundred 
counties were covered by section 5 of the Voting Rights Act of 1965, 42 U.S.C. § 1973c 
(Section 5 or Section 5 of the Voting Rights Act). 

Plaintiffs filed this action on September 16, 1981, challenging that original redistricting 
plan for, inter alia, its population deviations, its submergence of black voter con- 
centrations in some of the multi-member districts, and the failure of the state to obtain 
preclearance, pursuant to Section 5, of the 1968 constitutional amendments prohibiting 
county division in legislative districting. 

After this action had been filed, the state submitted the 1968 no-division-of-counties 



22 SENATE JOURNAL [Second Extra Session 

constitutional provisions for original Section 5 preclearance by the Attorney General of 
the United States. While action on that submission was pending, the General Assembly 
convened again in special session and in October 1981 repealed the original districting plan 
for the state House of Representatives and enacted another. This new plan reduced the 
range of maximum population deviations to approximately 16%, retained a preponderance 
of multi-member districts across the state, and again divided no counties. No revision of 
the extant Senate districting plan was made. 

In November 1981, the Attorney General interposed formal objection, under Section 5, 
to the no-division-of-counties constitutional provisions so far as they affected covered 
counties. Objection was based on the Attorney General's expressed view that the use of 
whole counties in legislative districting required the use of large multi-member districts 
and that this "necessarily submerges cognizable minority population concentrations into 
larger white electorates." Following this objection to the constitutional provisions, the 
Attorney General further objected, on December 7, 1981, and January 20, 1982, to the 
then extant redistricting plans for both the Senate and House as they affected covered 
counties. 

In February 1982, the General Assembly again convened in extra session and on 
February 11, 1982, enacted for both the Senate and House revised redistricting plans 
which divided some counties both in areas covered and areas not covered by Section 5. 
Again, on April 19, 1982, the Attorney General interposed objections to the revised 
districting plans for both the Senate and House. The letter interposing objection acknowl- 
edged some improvement of black voters' situation by reason of county division in Section 
5 covered areas, but found the improvements insufficient to permit preclearance. The 
General Assembly once more reconvened in a second extra session on April 26, 1982, and 
on April 27, 1982, enacted a further revised plan which again divided counties both in 
areas covered and areas not covered by Section 5. That plan, embodied in chapters 1 and 2 
of the North Carolina Session Laws of the Second Extra Session of 1982, received Section 
5 preclearance on April 30, 1982. As precleared under Section 5, that plan constitutes the 
extant legislative districting law of the state, and is the subject of plaintiffs' ultimate 
challenge by amended and supplemented complaint in this action.^ 

During the course of the legislative proceedings above summarized, this action pro- 
ceeded through its pre-trial stages.'* Amended and supplemental pleadings accommodat- 
ing to successive revisions of the originally challenged redistricting plan were allowed. 
Extensive discovery and motion practice was had; extensive stipulations of fact were 
made and embodied in pretrial orders. The presently composed three-judge court was 
designated by Chief Judge Harrison L. Winter of the United States Court of Appeals for 
the Fourth Circuit on October 16, 1981. The action was designated a plaintiff class action 
by stipulation of the parties on April 2, 1982. Following enactment and Section 5 pre- 
clearance of the April 27, 1982, Senate and House districting plans, the pleadings were 
closed, with issue joined for trial on plaintiffs' challenge, by amended and supplemented 
complaint, to that finally adopted plan. 

Following a final pre-trial conference on July 14, 1983, trial to the three-judge court was 
held from July 25, 1983, through August 3, 1983. Extensive oral and documentary 
evidence was received. Decision was deferred pending the submission by both parties of 
proposed findings of fact and conclusions of law, briefing and oral argument. Concluding 
oral arguments of counsel were heard by the court on October 14, 1983, and a limited 
submission of supplemental documentary evidence by both parties was permitted on 
December 5, 1983. 

Having considered the evidence, the memoranda of law submitted by the parties, the 



March, 1984] SENATE JOURNAL 23 

stipulations of fact, and the oral arguments of counsel, the court, pursuant to Fed. R. Civ. 
P. 52(a), enters the following findings of fact and conclusions of law, prefaced with a 
discussion of amended Section 2 of the Voting Rights Act and of certain special problems 
concerning the proper interpretation and application of that section to the evidence in this 
case. 

II 
Amended Section 2 of the Voting Rights Act 

From the outset of this action plaintiffs have based their claim of racial vote dilution not 
only on the fourteenth and fifteenth amendments, but on Section 2 of the Voting Rights 
Act. As interpreted by the Supreme Court at the time this action was commenced, former 
Section 2,^ secured no further voting rights than were directly secured by those con- 
stitutional provisions. To the extent "vote dilution" claims lay under either of the con- 
stitutional provisions or Section 2,^ the requirements for proving such a claim were the 
same: there must have been proven both a discriminatorily "dilutive" effect traceable in 
some measure to a challenged electoral mechanism and, behind that effect, a specific 
intent on the part of responsible state officials that the mechanism should have had the 
effect. City of Mobile v. Bolden, 446 U.S. 55 (1980). 

While this action was pending for trial and after the ultimately challenged redistricting 
plan had been enacted and given Section 5 preclearance. Congress amended Section 2^ in 
drastic and, for this litigation, critically important respects. In rough summary, the 
amended version liberalized the statutory vote dilution claim in two fundamental ways. It 
removed any necessity that discriminatory intent be proven, leaving only the necessity to 
show dilutive effect traceable to a challenged electoral mechanism; and it made explicit 
that the dilutve effect might be found in the "totality of the circumstances" within which 
the challenged mechanism operated and not alone in direct operation of the mechanism. 

Following Section 2's amendment, plaintiffs amended their complaint in this action to 
invoke directly the much more favorable provisions of the amended statute. All further 
proceedings in the case have been conducted on our perception that the vote dilution claim 
would succeed or fail under amended Section 2 as now the obviously most favorable basis 
of claim. ^ 

Because of the amended statute's profound reworking of apphcable law and because of 
the absence of any authoritative Supreme Court decisions interpreting it,® we preface our 
findings and conclusions with a summary discussion of the amended statute and of our 
understanding of its proper application to the evidence in this case. Because we find it 
dispositive of the vote dilution claim, we may properly rest decision on the amended 
statute alone and thereby avoid addressing the still subsisting constitutional claims 
seeking the same relief. See Ashwander v. Tennessee Valley Authority, 297 U.S. 288, 
347 (1936) (Brandeis, J., concurring). 

Section 2, as amended, reads as follows: 

(a) No voting qualification or prerequisite to voting or standard, practice, or procedure 
shall be imposed or applied by any state or political subdivision in a manner which 
results in a denial or abridgement of the right of any citizen of the United States to 
vote on account of race or color, or in contravention of the guarantees set forth in 
Section 4(f) (2), as provided in subsection (b). 

(b) A violation of subsection (a) is estabhshed if, based on the totality of circumstances, it 
is shown that the political processes leading to nomination or election in the State or 
political subdivision are not equally open to participation by members of a class of 



24 SENATE JOURNAL [Second Extra Session 

citizens protected by subsection (a) in that its members have less opportunity than 
other members of the electorate to participate in the political process and to elect 
representatives of their choice. The extent to which members of a protected class 
have been elected to office in the State or political subdivision is one circumstance 
which may be considered: Provided, That nothing in this section estabhshes a right 
to have members of a protected class elected in numbers equal to their proportion in 
the population. 

Without attempting here a detailed analysis of the legislative history leading to enact- 
ment of amended Section 2, we deduce from that history and from the judicial sources 
upon which Congress expressly relied in formulating the statute's text the following 
salient points which have guided our application of the statute to the facts we have found. 

First. The fundamental purpose of the amendment to Section 2 was to remove intent as 
a necessary element of racial vote dilution claims brought under the statute. ^'^ 

This was accomplished by codifying in the amended statute the racial vote dilution 
principles applied by the Supreme Court in it pre-Bolden decision in White v. Regester, 
412 U.S. 755 (1973). That decision, as assumed by the Congress, ^^ required no more to 
establish the illegality of a state's electoral mechanism than proof that its "result," 
irrespective of intent, when assessed in "the totality of circumstances" was "to cancel out 
or minimize the voting strength of racial groups," id. at 765 — in that case by submerging 
racial minority voter concentrations in state multi-member legislative districts. The 
White V. Regester racial vote dilution principles, as assumed by the Congress, were made 
explicit in new subsection (b) of Section 2 in the provision that such a "result," hence a 
violation of secured voting rights, could be estabhshed proof "based on the totality of 
circumstances. . . that the political processes leading to nomination or election. . . are not 
equally open to participation" by members of protected minorities. Cf. id. at 766. 

Second. In determining whether, "based on the totality of circumstances," a state's 
electoral mechanism does so "result" in racial vote dilution, the Congress intended that 
courts should look to the interaction of the challenged mechanism with those historical, 
social and political factors generally suggested as probative of dilution in White v. 
Regester and subsequently elaborated by the former Fifth Circuit in Zimmer v. 
McKeithen, 485 F. 2d 1297 (5th Cir. 1973) (en banc), aff d on other grounds sub nom. 
East Carroll Parrish School Board V. Marshall, 424 U.S. 636 (1976) (per czmam). These 
typically include, per the Senate Report accompanying the compromise version enacted 
as amended Section 2: 

1. the extent of any history of official discrimination in the state or political subdivi- 
sion that touched the right of the members of the minority group to register, to vote, or 
otherwise to participate in the democratic process; 

2. the extent to which voting in the elections of the state or political subdivision is 
racially polarized; , ,, . 

3. the extent to which the state or political subdivision has used unusually large 
election districts, majority vote requirements, anti-single shot provisions, or other 
voting practices or procedures that may enhance the opportunity for discrimination 
against the minority group; 

4. if there is a candidate slating process, whether the members of the minority group 
have been denied access to that process; 

5. the extent to which members of the minority group in the state or political 



March, 1984] SENATE JOURNAL 25 

subdivision bear the effects of discrimination in such areas as education, employment 
and health, which hinder their ability to participate effectively in the political process; 

6. whether political campaigns have been characterized by overt or subtle racial 
appeals; 

7. the extent to which members of the minority group have been elected to public 
office in the jurisdiction. 

Additional factors that in some cases have had probative value as part of plaintiffs' 
evidence to establish a violation are: 

whether there is a significant lack of responsiveness on the part of elected officials 
to the particularized needs of the members of the minority group. 

whether the policy underlying the state or political subdivision's use of such voting 
quaUfication, prerequisite to voting, or standard, practice or procedure is tenuous. 

While these enumerated factors will often be the most relevant ones, in some cases 
other factors will be indicative of the alleged dilution. 

S. Rep. No. 97-417, supra note 10, at 28-29 (footnotes omitted). 

Third. Congress also intended that amended Section 2 should be interpreted and 
applied in conformity with the general body of pre-Bolden racial vote dilution ju- 
risprudence that applied the White v. Regester test for the existence of a dilutive 
"result. "12 

Critical in that body of jurisprudence are the following principles that we consider 
embodied in the statute. 

The essence of racial vote dilution in the White v. Regester sense is this: that primarily 
because of the interaction of substantial and persistent racial polarization in voting 
patterns (racial bloc voting) with a challenged electoral mechanism, a racial minority with 
distinctive group interests that are capable of aid or amelioration by government is 
effectively denied the political power to further those interests that numbers alone would 
presumptively, see United Jewish Organizations v. Carey, 430 U.S. 144, 166 n. 24 
(1977), give it in a voting constituency not racially polarized in its voting behavior. See 
Nevett V. Sides, 571 F. 2d 209, 223 & n.l6 (5th Cir. 1978). Vote dilution in this sense can 
exist notwithstanding the relative absence of structural barriers to exercise of the 
electoral franchise. It can be enhanced by other factors — cultural, political, social, 
economic — in which the racial minority is relatively disadvantaged and which further 
operate to diminish practical political effectiveness. Zimmer v. McKeithen, supra. But 
the demonstrable unwillingness of substantial numbers of the racial majority to vote for 
any minority race candidate or any candidate identified with minority race interests is the 
linchpin of vote dilution by districting. Nevett v. Sides, supra; see also Rogers v. Lodge, 
458 U.S. 613, 623 (1981) (emphasizing centrality of bloc voting as evidence of purposeful 
discrimination). 

The mere fact that blacks constitute a voting or population minority in a multi-member 
district does not alone establish that vote dilution has resulted from the districting plan. 
See Zimmer, 485 F. 2d at 1304 ("axiomatic" that at-large and multi-member districts are 
not per se unconstitutional). Nor does the fact that blacks have not been elected under a 
challenged districting plan in numbers proportional to their percentage of the population. 
Mat 1305.'^ 

On the other hand, proof that blacks constitute a population majority in an electoral 



26 SENATE JOURNAL [Second Extra Session 

district does not per se establish that no vote dilution results from the districting plan, at 
least where the blacks are a registered voter minority. Id at 1303. Nor does proof that in a 
challenged district blacks have recently been elected to office. Id. at 1307. 

Vote dilution in the White v. Regester sense may result from the fracturing into several 
single-member districts as well as from the submergence in one multi-member district of 
black voter concentrations sufficient, if not "fractured" or "submerged," to constitute an 
effective single-member district voting majority. See Nevett v. Sides, 571, F. 2d 209, 219 
(5th Cir. 1978). 

Fourth. Amended Section 2 embodies a congressional purpose to remove all vestiges of 
minority race vote dilution perpetuated on or after the amendment's effective date by 
state or local electoral mechanisms.^"* To accomplish this. Congress has exercised its 
enforcement powers under section 5 of the fourteenth and section 2 of the- fifteenth 
amendments'^ to create a new judicial remedy by private action that is broader in scope 
than were existing private rights of action for constitutional violations of minority race 
voting rights. Specifically, this remedy is designed to provide a means for bringing states 
and local governments into compUance with constitutional guarantees of equal voting 
rights for racial minorities without the necessity to prove an intentional violation of those 
rights.'*^ 

Fifth. In enacting amended Section 2, Congress made a deHberate political judgment 
that the time had come to apply the statute's remedial measures to present conditions of 
racial vote dilution that might be established in particular litigation; that national policy 
respecting minority voting rights could no longer await the securing of those rights by 
normal political processes, or by voluntary action of state and local governments, or by 
judicial remedies limited to proof of intentional racial discrimination. See, e.g., S. Rep. 
97-417, supra note 10, at 193 (additional views of Senator Dole) (asserting purpose to 
eradicate "racial discrimination which. . . still exists in the American electoral process"). 

In making that poUtical judgment. Congress necessarily took into account and rejected 
as unfounded, or assumed as outweighed, several risks to fundamental political values 
that opponents of the amendment urged in committee deliberations and floor debate. 
Among these were the risk that the judicial remedy might actually be at odds with the 
judgment of significant elements in the racial minority;'^ the risk that creating "safe" 
black-majority single-member districts would perpetuate racial ghettos and racial polar- 
ization in voting behavior;'^ the risk that reliance upon the judicial remedy would supplant 
the normal, more healthy processes of acquiring political power by registration, voting 
and coalition building;'^ and the fundamental risk that the recognition of "group voting 
rights" and the imposing of affirmative obligation upon government to secure those rights 
by race-conscious electoral mechanisms was alien to the American political tradition. ^*^ 

For courts applying Section 2, the significance of Congress's general rejection or 
assumption of these risks as a matter of political judgment is that they are not among the 
circumstances to be considered in determining whether a challenged electoral mechanism 
presently "results" in racial vote dilution, either as a new or perpetuated condition. If it 
does, the remedy follows, all risks to these values having been assessed and accepted by 
Congress. It is therefore irrelevant for courts applying amended Section 2 to speculate or 
to attempt to make findings as to whether a presently existing condition of racial vote 
dilution is likely in due course to be removed by normal pohtical processes, or by 
affirmative acts of the affected government, or that some elements of the racial minority 
prefer to rely upon those processes rather than having the judicial remedy invoked. 



March, 1984] SENATE JOURNAL 27 

III. 
Findings of Fact 

A. - - . 

The Challenged Districts 

The redistricting plans for the North Carolina Senate and House of Representatives 
enacted by the General Assembly of North Carolina in April of 1982 included six multi- 
member districts and one single-member district that are the subjects of the racial vote 
dilution challenge in this action. 

The multi-member districts, each of which continued pre-existing districts and appor- 
tionments, are as follows, with their compositions, their apportionments of members and 
the percentage of their total populations and of their registered voters that are black: 

% of Registered 
% of Population Voters that is Black 

District that is Black (as of 10/4/82) 

Senate No. 22 (Mecklenburg and 24.3 16.8 

Cabarrus Counties) (4 members) 
House No. 36 (Mecklenburg 26.5 18.0 

County) (8 members) 
House No. 39 (Part of Forsyth 25.1 20.8 

County) (5 members) 
House No. 23 (Durham County) 36.3 28.6 

(3 members) 
House No. 21 (Wake County) 21.8 15.1 

(6 members) 
House No. 8 (Wilson, Nash and 39.5 29.5 

Edgecombe Counties) 

(4 members) 

As these districts are constituted, black citizens make up distinct population and 
registered-voter minorities in each. 

Of these districts, only House District No. 8 is in an area of the state covered by § 5 of 
the Voting Rights Act. 

At the time of the creation of these multi-member districts, there were concentrations 
of black citizens within the boundaries of each that were sufficient in numbers and 
contiguity to constitute effective voting majorities in single-member districts lying wholly 
within the boundaries of the multi-member districts, which single-member districts would 
satisfy all constitutional requirements of population and geographical configuration. For 
example, concentrations of black citizens embraced within the following single-member 
districts, as depicted on exhibits before the court, would meet those criteria: 

Single-Member District: 
location and racial 
Multi-member District composition Exhibit 

Senate No. 22 Part of Mecklenburg County; PI. Ex. 9 

(Mecklenburg/Cabarrus 70.0% Black 

Counties) 

House No. 36 (Mecklenburg (1) Part of Mecklenburg County; PI. Ex. 4 

County) 66.1% Black 

(2) Part of Mecklenburg County; PI. Ex. 4 

71.2% Black 



28 SENATE JOURNAL [Second Extra Session 

House No. 39 (Part of Forsyth Part of Forsyth County; PI. Ex. 5 

County) 70.0% Black 

House No. 23 (Durham County) Part of Durham County; PI. Ex. 6 — 

70.9% Black substitute 

House No. 21 (Wake County) Part of Wake County; PI. Ex. 7 

,. , ; ^.. 67.0% Black 

House No. 8 (Wilson, Parts of Wilson, Edgecombe, PI. Ex. 8 - 

Edgecombe, Nash Counties) and Nash Counties; 

62.7% Black 

The single-member district is Senate District No. 2 in the rural northeastern section of 
the state. It was formed by extensive realignment of existing districts to encompass an 
area which formerly supphed components of two multi-member Senate districts (No. 1 of 2 
members; No. 6 of 2 members). It consists of the whole of Northampton, Hertford, Gates, 
Bertie, and Chowan Counties, and parts of Washington, Martin, Halifax and Edgecombe 
Counties. Black citizens made up 55. 1% of the total population of the district, and 46.2% of 
the population that is registered to vote. This does not constitute them an effective voting 
majority in this district. ^^ 

This district is in an area of the state covered by § 5 of the Voting Rights Act. 

At the time of creation of this single-member district, there was a concentration of black 
citizens within the boundaries of this district and those of adjoining Senate District No. 6 
that was sufficient in numbers and in contiguity to constitute an effective voting majority 
in a single-member district, which single-member district would satisfy all constitutional 
requirements of population and geographical configuration. For example, a concentration 
of black voters embraced within a district depicted on Plaintiffs Exhibit 10(a) could 
minimally meet these criteria, though a still larger concentration might prove necessary 
to make the majority a truly effective one, depending upon experience in the new district 
alignments. In such a district, black citizens would constitute 60.7% of the total population 
and 51.02% of the registered voters (as contrasted with percentages of 55. 1% and 46.2%, 
respectively, in challenged Senate District 2). 

' B. ■ 

Circumstances Relevant to the Claim of 
Racial Vote Dilution: the "Zimmer Factors" 

At the time the challenged districting plan was enacted in 1982, the following circum- 
stances affected the plan's effect upon the voting strength of black voters of the state (the 
plaintiff class), and particularly those in the areas of the challenged districts. 

A History of Official Discrimination 
Against Black Citizens in Voting Matters 

Following the emancipation of blacks from slavery and the period of post-war 
Reconstruction, the State of North Carohna had officially and effectively discriminated 
against black citizens in matters touching their exercise of the voting franchise for a period 
of around seventy years, roughly two generations, from ca. 1900 to ca. 1970. The history of 
black citizens' attempts since the Reconstruction era to participate effectively in the 
political process and the white majority's resistance to those efforts is a bitter one, fraught 
with racial animosities that linger in diminshed but still evident form to the present and 
that remain centered upon the voting strength of black citizens as an indentified group. 



March, 1984] SENATE JOURNAL 29 

From 1868 to 1875, black citizens, newly emancipated and given the legal right to vote, 
effectively exercised the franchise, in coalition with white Repubhcans, to control the 
state legislature. In 1875, the Democratic Party, overwhelmingly white in composition, 
regained control of state government and began deliberate efforts to reduce participation 
by black citizens in the political processes. These efforts were not immediately and wholly 
successful and black male citizens continued to vote and to hold elective office for the 
remainder of the nineteenth century. 

This continued participation by black males in the political process was furthered by the 
Fusionists' (Populist and Repubhcan coalition) assumption of control of the state legisla- 
ture in 1894. For a brief season, this resulted in legislation favorable to black citizens' 
political participation as well as their economic advancement. 

The Fusionists' legislative program favorable to blacks impelled the white-dominated 
Democratic Party to undertake an overt white supremacy political campaign to destroy 
the Fusionist coalition by arousing white fears of Negro rule. This campaign, character- 
ized by blatant racist appeals by pamphlet and cartoon, aided by acts of outright intimida- 
tion, succeeded in restoring the Democratic Party to control of the legislature in 1898. The 
1898 legislature than adoped constitutional amendments specifically designed to dis- 
enfranchise black voters by imposing a poll tax and a literacy test for voting with a 
grandfather clause for the literacy test whose effect was to limit the disenfranchising 
effect to blacks. The amendments were adopted by the voters of the state, following a 
comparable white supremacy campaign, in 1900. The 1900 official literacy test continued 
to be freely apphed for 60 years in a variety of forms that effectively disenfranchised most 
blacks. In 1961, the North Carolina Supreme Court declared unconstitutional the practice 
of requiring a registrant to write the North Carolina Constitution from dictation, but 
upheld the practice of requiring a registrant "of uncertain ability" to read and copy in 
writing the state Constitution. Bazemore v. Bertie County Board of Elections, 254 
N. C. 398 (1961). At least until around 1970, the practice of requiring black citizens to read 
and write the Constitution in order to vote was continued in some areas of the state. Not 
until around 1970 did the State Board of Elections officially direct cessation of the 
administration of any form of literacy test. 

Other official voting mechanisms designed to minimize or cancel the potential voting 
strength of black citizens were also employed by the state during this period. In 1955, an 
anti-single shot voting law applicable to specified municipalities and counties was enacted. 
It was enforced, with the intended effect of fragmenting a black minority's total vote 
between two or more candidates in a multi-seat election and preventing its concentration 
on one candidate, until declared unconstitutional in 1972 in Dunston v. Scott, 336 F. Supp. 
206 (E.D.N.C. 1972). In 1967, a numbered-seat plan for election in multi-member legisla- 
tive districts was enacted. Its effect was, as intended, to prevent single-shot voting in 
multi-member legislative districts. It was apphed until declared unconstitutional in the 
Dunston case, supra, in 1972. 

In direct consequence of the poll tax and the literacy test, black citizens in much larger 
percentages of their total numbers than the comparable percentages of white citizens 
were either directly denied registration or chilled from making the attempt from the time 
of imposition of these devices until their removal. After their removal as direct barriers to 
registration, their chilling effect on two or more generations of black citizens has persisted 
to the present as at least one cause of continued relatively depressed levels of black voter 
registration. Between 1930 and 1948 the percentage of black citizens who successfully 
sought to register under the poll tax and literacy tests increased from zero to 15%. During 
this eighteen-year period that only ended after World War II, no black was elected to 
public office in the state. In 1960, twelve years later, after the Supreme Court decision in 



30 SENATE JOURNAL [Second Extra Session 

Brown v. Boad of Education, 347 U.S. 483 (1954), only 39.1% of the black voting age 
population was registered to vote, compared to 92.1% of age-qualified whites. By 1971, 
following the civil rights movement, 44.4% of age-qualified blacks were registered com- 
pared to 60.6% of whites. This general range of statewide disparity continued into 1980, 
when 51.3% of age-qualified blacks and 70.1% of whites were registered, and into 1982 
when 52.7% of age-qualified blacks and 66.7% of whites were registered. ^^ 

Under the present Governor's administration an intelligent and determined effort is 
being made by the State Board of Elections to increase the percentages of both white and 
black voter registrations, with special emphasis being placed upon increasing the levels of 
registration in groups, including blacks, in which those levels have traditionally been 
depressed relative to the total voting age population. This good faith effort by the 
currently responsible state agency, directly reversing official state policies which per- 
sisted for more than seventy years into this century, is demonstrably now producing some 
of its intended results. If continued on a sustained basis over a sufficient period, the effort 
might succeed in removing the disparity in registration which survives as a legacy of the 
long period of direct denial and chilling by the state of registration by black citizens. But at 
the present time the gap has not been closed, and there is of course no guarantee that the 
effort will be continued past the end of the present state administration. 

The present condition — which we assess — is that, on a statewide basis, black voter 
registration remains depressed relative to that of the white majority, in part at least 
because of the long period of official state denial and chilling of black citizens' registration 
efforts. This statewide depression of black voter registration levels is generally replicated 
in the areas of the challenged districts, and in each is traceable in part at least to the 
historical statewide pattern of official discrimination here found to have existed. 

Effects of Racial Discrimination in 
Facilities, Education, Employment, Housing and Health 

In consequence of a long history, only recently alleviated to some degree, of racial 
discrimination in pubhc and private facility uses, education, employment, housing and 
health care, black registered voters of the state remain hindered, relative to the white 
majority, in their ability to participate effectively in the political process. 

At the start of this century, de jure segregation of the races in practically all areas of 
their common life existed in North Carohna. This condition continued essentially un- 
broken for another sixty-odd years, through both World Wars and the Korean conflict, 
and through the 1950's. During this period, in addition to prohibiting inter-racial mar- 
riages, state statutes provided for segregation of the races in fraternal orders and 
societies; the seating and waiting rooms of railroads and other common carriers; 
cemeteries; prisons, jails and juvenile detention centers; institutions for the blind, deaf 
and mentally ill; pubHc and some private toilets; schools and school districts; orphanages; 
colleges; and library reading rooms. With the exception of those laws relating to schools 
and collges, most of these statutes were not repealed until after passage of the federal 
Civil Rights Act of 1964, some as late as 1973. ■, . 

Public schools in North Carolina were officially segregated by race until 1954 when 
Brown v. Board of Education was decided. During the long period of de jure segrega- 
tion, the black schools were consistently less well funded and were qualitatively inferior. 
Following the Brown decision, the public schools remained substantially segregated for 
yet another fifteen years on a de facto basis, in part at least because of various practical 
impediments erected by the state to judicial enforcement of the constitutional right to 
desegregated public education recognized in Brown. As late as 1960, only 226 black 



March, 1984] SENATE JOURNAL 31 

students throughout the entire state attended formerly all-white pubhc schools. Until the 
end of the 1960's. practically all the state's pubhc schools remained almost all white or 
almost all black. Substantial desegi'egation of the pubhc schools only began to take place 
around a decade ago, following the Sepreme Court's decision in Swann v. Mecklenburg 
County Board of Education, 402 U.S. 1 (1971). In the interval since, "white-flight" 
patterns in some areas of the state have prevented or reversed developing patterns of 
desegregation of the schools. In consequence, substantial pockets of de facto segregation 
of the races in pubhc school education have re-arisen or have continued to exist to this time 
though without the great disparities in pubhc funding and other support that character- 
ized de jure segregation of the schools. 

Because significant desegregation of the pubhc schools only commenced in the early 
1970's, most of the black citizens of the state who were educated in this state and who are 
over 30 years of age attended qualitatively inferior racially segi'egated pubhc schools for 
all or most of their primary and secondary education. The first gi'oup of black citizens who 
have attended integrated pubhc schools throughout their educational career are just now 
reaching voting age. In at least partial consequence of this segi'egated pattern of pubhc 
education and the general inferiority of de jure segregated black schools, black citizens of 
the state who are over 25 years of age are substantially more hkely than whites to have 
completed less than 8 years of education (34.6% of blacks; 22.0% of whites), and are 
substantially less likely than whites to have had any schooling beyond high school (17.3% 
of blacks; 29.3% of whites). 

Residential housing patterns in North Carolina, as generally in states with histories of 
de jure segregation, have traditionally been separated along racial lines. That pattern 
persists today in North Carolina generaUy and in the areas covered by the chahenged 
districts specificahy; in the latter, virtuahy all residential neighborhoods are raciahy 
identifiable. Statewide, black households are twice as likely as white households to be 
renting rather than purchasing their residences and are substantiahy more hkely to be 
living in overcrowded housing, substandard housing, or housing with inadequate plumb- 
ing. 

Black citizens of North Carohna have historically suffered disadvantage relative to 
white citizens in pubhc and private employment. Though federal emplojTnent discrimina- 
tion laws have, since 1964, led to improvement, the effects of past discrimination against 
blacks in employment continue at present to contribute to their relative disadvantage. On 
a statewide basis, generally rephcated in the challenged districts in this action, blacks 
generally hold lower paying jobs than do whites, and consistently suffer higher incidences 
of unemployment. In pubhc employment by the state, for example, a higher percentage of 
black employees than of whites is employed at every salary level below S12,000 per year 
and a higher percentage of white employees than black is employed at every level above 
$12,000. 

At least partiahy because of this continued disparity in employment opportunities. 
black citizens are three times as hkely as whites to have incomes below the poverty level 
(30% to 10%); the mean income of black citizens is 64.9% that of white citizens; white 
families are more than twice as hkely as black famihes to have incomes over $20,000: and 
25.1% of all black famihes, compared to 7.3% of white famihes, have no private vehicle 
available for transportation. 

In matters of general health, black citizens of North Carolina are, on available primary 
indicators, as a group less physically healthy than are white citizens as a group. On a 
statewide basis, the infant mortality rate (the standard health measure used by sociolo- 
gists) is approximately twice as high for non-whites (predominately blacks) as for whites. 



32 SENATE JOURNAL [Second Extra Session 

This statewide figure is generally replicated in Mecklenburg, Forsyth, Durham, Wake, 
Wilson, Edgecombe and Nash Counties (all included within the challenged multi-member 
districts). Again, on a statewide basis, the death rate is higher for black citizens than for 
white, and the life-expectancy of black citizens is shorter than is that of whites. 

On all the socio-economic factors treated in the above findings, the status of black 
citizens as a group is lower than is that of white citizens as a group. This is true statewide, 
and it is true with respect to every county in each of the districts under challenge in this 
action. This lower socio-economic status gives rise to special group interests centered 
upon those factors. At the same time, it operates to hinder the group's ability to partici- 
pate effectively in the political process and to elect representatives of its choice as a means 
of seeking government's awareness of and attention to those interests. ^^ 

Other Voting Procedures That Lessen the Opportunity of 
Black Voters to Elect Candidates of Their Choice 

In addition to the numbered seat requirement and the anti-single shot provisions of 
state law that were declared unconstitutional in 1972, see supra p. 28, North Carolina has, 
since 1915, had a majority vote requirement which apphes to all primary elections, but not 
to general elections. N.C.G.S. § 163-111.-^ 

The general effect of a majority vote requirement is to make it less likely that the 
candidates of any identifiable voting minority will finally win elections, given the necessi- 
ty that they achieve a majority of votes, if not in a first election, then (if called for) in a 
run-off election. This generally adverse effect on any cohesive voting minority is, of 
course, enhanced for racial minority groups if, as we find to be the fact in this case, see 
infra pp. 48-58, racial polarization in voting patterns also exists. 

While no black candidate for election to the North Carohna General Assembly — either 
in the challenged districts or elsewhere — has so far lost (or failed to win) an election 
solely because of the majority vote requirement, the requirement nevertheless exists as a 
continuing practical impediment to the opportunity of black voting minorities in the 
challenged districts to elect candidates of their choice. 

The North Carolina majority vote requirement manifestly operates with the general 
effect noted upon all candidates in primary elections. Since 1950, eighteen candidates for 
the General Assembly who led first primaries with less than a majority of votes have lost 
run-off elections, as have twelve candidates for other statewide offices, including a black 
candidate for Lt. Governor and a black candidate for Congress. The requirement there- 
fore necessarily operates as a general, ongoing impediment to any cohesive voting 
minority's opportunity to elect candidates of its choice in any contested primary, and 
particularly to any racial minority in a racially-polarized vote setting. ^^ 

North Carohna does not have a subdistrict residency requirement for members of the 
Senate and House elected from multi-member districts, a requirement which could to 
some degree off-set the disadvantage of any voting minority in multi-member districts. ^^ 

Use of Racial Appeals in Political Campaigns 

From the Reconstruction era to the present time, appeals to racial prejudice against 
black citizens have been effectively used by persons, either candidates or their support- 
ers, as a means of influencing voters in North Carolina poHtical campaigns. The appeals 
have been overt and blatant at some times, more subtle and furtive at others. They have 
tended to be most overt and blatant in those periods when blacks were openly asserting 
political and civil rights — during the Reconstruction-Fusion era and during the era of the 



March, 1984] SENATE JOURNAL 33 

major civil rights movement in the 1950's and 1960's. During the period from ca. 1900 to ca. 
1948 when black citizens of the state were generally quiescent under dejure segregation, 
and when there were few black voters and no black elected officials, racial appeals in 
political campaigning were simply not relevant and accordingly were not used. With the 
early stirrings of what became the civil rights movement following World War II, overt 
racial appeals reappeared in the campaigns of some North Carolina candidates. Though by 
and large less gross and virulent than were those of the outright white supremacy 
campaigns of 50 years earlier, these renewed racial appeals picked up on the same obvious 
themes of that earher time: black domination or influence over "moderate" or "liberal" 
white candidates and the threat of "negro rule" or "black power" by blacks "bloc voting" 
for black candidates or black-"dominated" candidates. In recent years, as the civil rights 
movement, culminating in the Civil Rights Act of 1964, completed the eradication of de 
jure segregation, and as overt expressions of racist attitudes became less socially accept- 
able, these appeals have become more subtle in form and furtive in their dissemination, 
but they persist to this time. 

The record in this case is replete with specific examples of this general pattern of racial 
appeals in political campaigns. In addition to the crude cartoons and pamphlets of the 
outright white supremacy campaigning of the 1890's which featured white political op- 
ponents in the company of black political leaders, later examples include various campaign 
materials, unmistakably appealing to the same racial fears and prejudices, that were 
disseminated during some of the most hotly contested statewide campaigns of the state's 
recent history: the 1950 campaign for the United States Senate; the 1954 campaign for the 
United States Senate; the 1960 campaign for Governor; the 1968 campaign for Governor; 
the 1968 Presidential campaign in North Carolina; the 1972 campaign for the United 
States Senate; and most recently, in the imminent 1984 campaign for United States 
Senate. 

Numerous other examples of assertedly more subtle forms of "telegraphed" racial 
appeals in a great number of local and statewide elections, abound in the record. Laying 
aside the more attenuated forms of arguably racial allusions in some of these, we find that 
racial appeals in North Carohna political campaigns have for the past thirty years been 
widespread and persistent. 

The contents of these materials reveal an unmistakable intention by their disseminators 
to exploit existing fears and prejudices and to create new fears and prejudices on the part 
of white citizens in regard to black citizens and to black citizens' participation in the 
political processes of the state. The continued dissemination of these materials throughout 
this period and down to the present time evidences an informed perception by the persons 
who have disseminated them that they have had their intended effect to a degree 
warranting their continued use. 

On this basis, we find that the historic use of racial appeals in political campaigns in 
North Carolina persists to the present time and that its effect is presently to lessen to 
some degree the opportunity of black citizens to participate effectively in the pohtical 
processes and to elect candidates of their choice. 

The Extent of Election of Black Citizens to Public Office 

Statewide history. It appears that, with one exception, no black citizen was elected 
during this century to public office in North Carolina until after World War II. In 1948 and 
during the early 1950's a few black citizens were elected to various city councils. Twenty 
years later, in 1970, there were in the state 62 black elected officials. In 1969 a black citizen 
was elected to the State House of Representatives for the first time since Reconstruction; 



34 SENATE JOURNAL [Second Extra Session 

in 1975 two blacks were elected, for the first time to the Senate. From 1970 to 1975 the 
number of black elected officials increased from 62 to over 200 statewide; in 1982, that 
number had increased to 255. 

At present the number of elected black officials remains quite low in relation to total 
black population, which is 22.4% of the state total. Black citizens hold 9% of the city council 
seats (in cities of over 500 population); 7.3% of county commission seats; 4% of sheriffs 
offices; and 1% of the offices of Clerk of Superior Court. There are 19 black mayors, 13 of 
whom are in majority black municipalities. Of the black city council members, approx- 
imately 40% are from majority black municipalities or election districts. Three black 
judges have been elected in statewide elections to seats to which they had been appointed 
by the Governor. Other than these judges, no black has yet been elected during this 
century to any statewide office or to the Congress of the United States as a representative 
of this state. 

Between 1971 and 1982 there have been, at any given time, between two and four black 
members of the North Carolina House of Representatives out of a total of 120 — between 
1.6% and 3.3%. From 1975 to 1983 there have been, at any given time, either one or two 
black members of the State Senate out of a total of 50 — between 2% and 4%. Most 
recently, in 1982, after this action was filed, 11 black citizens were elected to the State 
House of Representatives. Six of those 11 were elected from multi-member districts in 
which blacks constituted a voting minority (including 5 of those challenged); 5 were 
elected from newly created majority black districts. 

Historically, in those multi-member districts where some blacks have succeeded in 
being elected, overall black candidacies have been significantly less successful than white 
candidacies. Black candidates who, between 1970 and 1982, won in Democratic primaries 
in the six multi-member districts under challenge here were three times as likely to lose in 
the general election as were their white Democratic counterparts, a fact of statistical 
significance in assessing the continued effect of race in those elections. 

In the Challenged Multi-Member Districts 

House District 36 (Mecklenburg County); Senate District 22 (Mecklenburg/ 
Cabarrus Counties). 

In this century one black citizen has been elected to the State House of Representatives 
and one black citizen has been elected to the State Senate from Mecklenburg County. The 
House member was elected as one of an eight-member delegation in 1982, after this 
lawsuit was commenced. Seven other black citizens had previously run unsuccessfully for 
a House seat. The Senate member served as one of a 4-member delegation from Mecklen- 
burg and Cabarrus Counties from 1975 to 1980. Since then two black citizens have run 
unsuccessfully and no black now serves on the Senate delegation. 

Since World War II, blacks who now constitute 31% of the city's population, have been 
elected to the City Council of Charlotte, but never in numbers remotely proportional to 
their percentage of the city's population. During the period 1945 to 1975, when the council 
was elected all at-large, blacks constituted 5.4% of its membership. From 1977-1981, 
when the council was elected partially at-large and partially by districts, blacks won 28.6% 
of the district seats compared with 16.7% of the at-large seats, though more ran for the 
latter than the former. 

One black citizen has been elected (three times) and defeated one time for membership 
on the five-member County Board of Commissioners, and presently serves. Two black 
citizens have been elected and now serve on the nine-member County Board of Education. 



March, 1984] SENATE JOURNAL 35 

Following trial of this action, a black citizen was elected mayor of the city of Charlotte, 
running as a Democrat against a white Republican. The successful black candidate, a 
widely-respected architect, received approximately 38% of the white vote. 

House District No. 39 (part of Forsyth County). 

Before 1974 black citizens had been elected to the City Council of Winston-Salem, but to 
no other pubhc office. In 1974 and again in 1976 a black citizen was elected to the House of 
Representatives as one of a five-member delegation. In 1978 and 1980 other black citizens 
ran unsuccessfully for the House. In 1982, after this litigation was commenced, two black 
citizens were elected to the House. 

No black citizen has been elected to the Senate from Forsyth County. 

Since 1974, a black citizen has been elected, twice failed to be reelected, then succeeded 
in being reelected to one of eight seats on the otherwise all-white Board of Education; and 
another has been elected, failed to be reelected, then succeeded in being reelected to one 
of five seats on the otherwise all-white Board of County Commissioners. 

House District No. 23 (Durham County). 

Since 1973 a black citizen has been elected each two-year term to the State House. No 
black citizen has been elected to the Senate. Since 1969, blacks have been elected to the 
Board of County Commissioners, and three of twelve Durham City Council members are 
blacks elected in at-large elections. The City of Durham is 47% black in population. 

House District No. 21 (Wake County). 

A black citizen has been twice elected to the State House five-member delegation from 
this district and is presently serving. Another black citizen was elected for two terms to 
the State Senate, serving from 1975 to 1978. 

A black citizen has been twice elected Sheriff of Wake County and is presently in that 
office. Another black citizen, who lives in an affluent white neighborhood, has served since 
1972 as the only black on the seven-member County Board of Commissioners. Another 
black citizen, elected from a majority black district, serves as the only black on the 
nine-member County School Board. Another black citizen served one term as mayor of the 
City of Raleigh from 1973 to 1975, and still another serves on the Raleigh City Council. 

House District No. 8 (Edgecombe, Nash, Wilson Counties). 

There has never been a black member of the State House or Senate from the area 
covered by this district. There had never been a black member of the Board of County 
Commissioners of any of the three counties until 1982 when two blacks were elected to the 
five-member Board in Edgecombe County, in which blacks constitute 43% of the reg- 
istered voters. In Wilson County, where the black population is 36.5% of the total, one of 
nine members of the County Board of Education is black. In the City of Wilson, which is 
over 40% black in population, one of six city councilmen is black. 

Senate District No. 2 (Northampton, Hertford, Gates, Bertie, Chowan, and parts of 
Washington, Martin, Halifax and Edgecombe Counties). 

No black person has ever been elected to the State Senate from any of the area covered 
by the district. In the last four years, black candidates have won three elections for the 
State House from areas within the borders of this district, one in 1980 in a majority- white 
multi-member district, two in 1982 in different majority-black districts. In Gates County, 
where 49% of the registered voters are black, a black citizen has been elected and 



36 SENATE JOURNAL [Second Extra Session 

presently serves as Clerk of Court. In Halifax County, black citizens have run un- 
successfully for the Board of County Commissioners and for the City Council of Roanoke 
Rapids. 

Looking only to these basic historical facts respecting black citizens' election to public 
office, we draw the following inferences. Thirty-five years after the first successful 
candidacies for public office by black citizens in this century, it has now become possible 
for black citizens to be elected to office at all levels of state government in North Carolina. 
The chances of a black candidate's being elected are better where the candidacy is in a 
majority-black constituency, where the candidacy is in a single-member rather than a 
multi-member or at-large district, where it is for local rather than statewide office, and 
where the black candidate is a member of the political party currently in the ascendancy 
with voters. Relative to white candidates running for the same office at whatever level, 
black candidates remain at a disadvantage in terms of relative probability of success. The 
overall results achieved to date at all levels of elective office are minimal in relation to the 
percentage of blacks in the total population. There are intimations from recent history, 
particularly from the 1982 elections, that a more substantial breakthrough of success 
could be imminent — but there were enough obviously aberrational aspects present in 
the most recent elections to make that a matter of sheer speculation.^^ In any event, the 
success that has been achieved by black candidates to date is, standing alone, too minimal 
in total numbers and too recent in relation to the long history of complete denial of any 
elective opportunities to compel or even arguably to support an ultimate finding that a 
black candidate's race is no longer a significant adverse factor in the political processes of 
the state — either generally or specifically in the areas of the challenged districts. 

Racial Polarization in Voting 

Statistical evidence presented by duly qualified expert witnesses for plaintiffs, sup- 
plemented to some degree by direct testimony of lay witnesses, establishes, and we find, 
that within all the challenged districts racially polarized voting exists in a persistent and 
severe degree. , !■: ., , . ' ■ 

Multi-Member Districts 

To analyze the existence and extent of any racially polarized voting in the challenged 
multi-member districts. Dr. Bernard Grofman, a duly qualified expert witness for plain- 
tiffs, had collected and studied data from 53 sets of recent election returns involving black 
candidacies in all of the challenged multi-member districts. ^^ Based upon two com- 
plementary methods of analysis of the collected data,^^ Grofman gave as his opinion, and 
we find, that in each of the elections analyzed racial polarization did exist and that the 
degree revealed in every election analyzed was statistically significant, in the the sense 
that the probability of its occurring by chance was less than one in 100,000;^*^ and that in all 
but two of the elections the degree revealed was so marked as to be substantively 
significant, in the sense that the results of the individual election would have been 
different depending upon whether it had been held among only the white voters or only 
the black voters in the election. ^^ 

Additional facts revealed by this data support the ultimate finding that severe (sub- 
stantively significant) racial polarization existed in the multi-member district elections 
considered as a whole. ^^ In none of the elections, primary or general, did a black candidate 
receive a majority of white votes cast. On the average, 81.7% of white voters did not vote 
for any black candidate in the primary elections. In the general elections, white voters 
almost always ranked black candidates either last or next to last in the multi-candidate 
field except in heavily Democratic areas; in these latter, white voters consistently ranked 



March, 1984] SENATE JOURNAL 37 

black candidates last among Democrats if not last or next to last among all candidates. In 
fact, approximately two-thirds of white voters did not vote for black candidates in general 
elections even after the candidate had won the Democratic primary and the only choice 
was to vote for a Republican or no one. Black incumbency alleviated the general level of 
polarization revealed, but it did not ehminate it. Some black incumbents were reelected, 
but none received a majority of white votes even when the election was essentially 
uncontested. Republican voters were more disposed to vote for white Democrats than to 
vote for black Democrats. The racial polarization revealed, of course, runs both ways, but 
it was much more disadvantageous to black voters than to white. Aside from the basic 
population and registered voter majority advantages had by white voters in any racially 
polarized setting, fewer white voters voted for black candidates than did black voters for 
white candidates. In these elections, a significant segment of the white voters would not 
vote for any black candidate, but few black voters would not vote for any white candidate. 
One revealed consequence of this disadvantage is that to have a chance of success in 
electing candidates of their choice in these districts, black voters must rely extensively on 
single-shot voting, thereby forfeiting by practical necessity their right to vote for a full 
slate of candidates. 

The racial polarization revealed in the multi-member elections considered as a whole 
exists in each of the challenged districts considered separately, as indicated by the 
following specific findings related to elections within each district. 

House District No. 36 and Senate District No. 22 (Mecklenburg and Cabarrus 
Counties). 

In elections in House District No. 36 (Mecklenburg County) between 1980 and 1982, the 
following percentages of black and white voters voted for the black candidates indicated: 

Primary General 

White Black White Black 

1980 (Maxwell) 22 71 28 92 

1982 (Berry) 50 79 42 92 

1982 (Richardson) 39 71 29 88 

In elections in Senate District No. 22 (Mecklenburg and Cabarrus Counties) between 
1978 and 1982, the following percentages of white and black voters voted for the black 
candidates indicated: 

Primary General 

White Black White Black 

1978 (Alexander) 47 87 41 94 

1980 (Alexander) 28 78 n/a n/a 

1982 (Polk) 32 83 33 94 

The fact that candidate Berry received votes from one half of the white voters in the 
primary does not alter the conclusion that there is substantial racially polarized voting in 
Mecklenburg County in primaries. There were only seven white candidates for eight 
positions in the primary and one black candidate had to be elected. Berry, the incumbent 
chairman of the Board of Education, ranked first among black voters but seventh among 
whites. 

The only other black candidate who approached receiving as many as half of the white 
votes was Fred Alexander, running in the 1978 Senate Primary as an incumbent. Alexan- 
der ranked last among white voters in the primary and would have been defeated if the 
election had been held only among the white voters. 



40 


86 


32 


96 


18 


36 


n/a 


n/a 


12 


61 


n/a 


n/a 


25 


80 


42 


87 


36 


87 


46 


94 



38 SENATE JOURNAL [Second Extra Session 

Approximately 60% of the white voters voted for neither Berry nor Alexander in the 
general election. 

House District No. 39 (Forsyth County). 

In House and Senate elections in Forsyth County from 1978-1982 the following per- 
centages of white and black voters voted for the black candidates indicated: 

Primary General 

White Black White Black 
1978 House — 

Kennedy, H. 28 76 32 93 

Norman 8 29 n/a n/a 

Ross ; 17 53 n/a n/a 

Sumter (Repub.) n/a n/a 33 25 

1980 House — 

Kennedy, A. 
Norman 

1980 Senate — 

Small 

1982 House — 

Hauser 
Kennedy, A. 

As revealed by this data, no black candidate, whether successful or not, has received more 
than 40% of the white votes cast in a primary, and no black candidate has received more 
than 46% of the white votes cast in a general election during the last four elections. 

Though black candidates Kennedy and Hauser won the House election in 1982, this does 
not alter the conclusion that substantial racial polarization of voting continued through 
that election. White voters ranked Kennedy and Hauser seventh and eighth, respective- 
ly, out of eight candidates in the general election. In contrast black voters ranked them 
first and second respectively. 

House District No. 23 (Durham County). 

In House and Senate Elections from 1978 through 1982, the following percentages of 
white and black voters voted for the black candidates indicated: 

Primary General 

White Black White Black 
1978 Senate — 

Barns (Repub.) n/a n/a 17 5 

1978 House — 

Clement . 10 89 n/a n/a 

Spaulding 16 92 37 89 

1980 House — 

Spaulding n/a n/a 49 90 

1982 House — 

Clement ' 26 32 n/a n/a 

Spaulding 37 90 43 89 

Black candidate Spaulding ran uncontested in the general election in 1978 and in the 
primary and general election in 1980. In the 1982 election there was no Republican 



March, 1984] SENATE JOURNAL 39 

opposition and the general election was, for all practical purposes, unopposed. A majority 
of white voters failed to vote for the black candidate in the general election in each of these 
years even when they had no other choice. Furthermore, in the 1982 primary, there were 
only two white candidates for three seats so that one black necessarily had to win. Even in 
this situation, 63% of white voters did not vote for the black incumbent, the clear choice of 
the black voters. At least 37% of white voters voted for no black candidate even when one 
was certain to be elected. 

House District No. 21 (Wake County). 

In elections for the North Carolina House of Representatives from 1978 through 1982 
the following percentages of white and black voters voted for the black candidate in- 
dicated: 

Primary General 

White Black White Black 

1978 (Blue) 21 76 n/a n/a 

1980 (Blue) 31 81 44 90 

1982 (Blue) 39 82 45 91 

The fact that black candidate Blue won election in the last two of these candidacies does 
not alter the conclusion that substantial racial polarization in voting persists in this 
district. In Wake County winning the Democratic primary is historically tantamount to 
election. Nevertheless, in these elections from 60% to 80% of white voters did not vote for 
the black candidate in the primary compared to 76% and 80% of black voters who did. 

Wake County is overswhelmingly Democratic in registration and normally votes along 
party lines. Nonetheless, 55% of white voters did not vote for the black Democrat in the 
general election. 

House District No. 8 (Wilson, Nash, Edgecombe Counties). 

In county- wide or district- wide elections from 1976 through 1982 in House District No. 
8 and Wilson, Edgecombe and Nash Counties, the following percentages of white and 
black voters voted for the black candidates indicated: 

Primary General 

White Black White Black 
House District No. 8 

1982 House - Carter 4 66 

Wilson County 

1982 Congress - 1st Primary - Michaux 6 96 

- 2nd Primary - Michaux 7 97 

1976 County Commission - Jones 32 77 

Edgecombe County 

1982 Congress - 1st Primary - Michaux 

- 2nd Primary - Michaux 

1982 County Commission - Green 

- McClain 

- Thorn 

- Walker 



2 


84 






3 


97 









14 









27 






4 


75 


38 


91 


2 


82 


36 


94 



40 SENATE JOURNAL [Second Extra Session 

Nash County 

1982 Congress - 1st Primary , 6 73 

-2nd Primary '6 81 

1982 County Commission - Sumner 9 82 

With one exception, over this period more than 90% of the white voters have failed to 
vote for the black candidate in every primary in each of these three counties. The one time, 
in 1982, that black Democratic candidates have run in a general election, they failed to 
receive over 60% of the white vote even though Edgecombe County is overwhelmingly 
(88.5%) Democratic. 

This data reveals racial polarization of voting in House District No. 8 so extreme that, 
all other factors aside, no black has any chance of winning election in the district as it is 
presently constituted. This conclusion, as expressed in evidence by plaintiffs' expert 
witness, was not seriously challenged by defendants. 

Single-Member District 

Senate District No. 2. 

Essentially unchallenged and unrebutted opinion evidence given by plaintiffs' expert 
witness, Dr. Grofman, and testimonial evidence of experienced local political observers 
and black community leaders establishes that severe and persistent racial polarization in 
voting exists in the area covered by the challenged single-member Senate District No. 2. 

Based on these evidentiary findings with respect to racial polarization in voting, we find 
that in each of the challenged districts racial polarization in voting presently exists to a 
substantial or severe degree, and that in each district it presently operates to minimize 
the voting strength of black voters. 

Other Factors Bearing Upon the Claim of Racial Vote Dilution 

Increased participation by black citizens in the political process. 

The court finds that in recent years there has been a measurable increase in the ability 
and willingness of black citizens to participate in the state's political processes and in its 
government at state and local levels. The present state administration has appointed a 
significant number of black citizens to judicial and executive positions in state govern- 
ment, and evidences a good faith determination further to open the political processes to 
black citizens by that means. In some areas of the state, including some of those directly 
involved in this litigation, there is increased willingness on the part of influential white 
politicians openly to draw black citizens into political coalitions and openly to support their 
candidacies. Indeed, among the witnesses for the state were respected and influential 
political figures who themselves fit that description. 

The court has considered what this implies for the plaintiffs' claim of present racial vote 
dilution — of a present lack of equal opportunity by black citizens relative to white 
citizens to participate in the political process and to elect candidates of their choice. Our 
conclusion is that though this wholesome development is undoubtedly underway and will 
presumably continue, it has not proceeded to the point of overcoming still entrenched 
racial vote polarization, and indeed has apparently done httle to diminish the level of that 
single most powerful factor in causing racial vote dilution. The participatory level of black 
citizens is still minimal in relation to the overall black population, and, quite understand- 
ably, is largely confined to the relatively few forerunners who have achieved professional 
status or otherwise emerged from the generally depressed socio-economic status which. 



March, 1984] SENATE JOURNAL 41 

as we have found on the record produced in this case, remains the present lot of the great 
bulk of black citizens. 

Divisions within the black community. 

Not all black citizens in North Carolina, notwithstanding that the class technically 
certified in this action includes all who are registered to vote, share the same views about 
the present reality of racial vote dilution in the challenged districts (or presumably 
elsewhere), nor about the appropriate solution to any dilution that may exist. 

Several black citizens testified in this action, as witnesses for the state, to this effect, 
identifying their own views as opposed to those advanced by plaintiffs' witnesses. In 
terms of their experience, achievement and general credibility as witnesses, the views of 
these defendant-witnesses were clearly as deserving of acceptance by the court as were 
those of the black citizens who, in larger numbers, testified as witnesses for the plaintiffs. 

Two facts appeared, however, to the court. The first is that the views expressed by 
defendants' witnesses went almost exclusively to the desirability of the remedy sought by 
plaintiffs, and not to the present existence of a condition of vote dilution. The other fact is 
that the defendants' witnesses' views must be accounted, on the record adduced in this 
case, a distinct minority viewpoint within the plaintiff class as certified. The division 
between the two elements is essentially one of proper political ends and means to break 
free of racial vote dilution as a present condition, and not of the present existence of that 
condition. Only if a dissident element were so large as to draw in question the very 
existence of an identifiable black community whose "ability to participate" and "freedom 
to elect candidates of its choice" could rationally be assessed, could the existence of a 
dissident view have relevance to the estabhshment of a racial vote dilution claim. That 
clearly is not the circumstance here, on the record made in this action. As earlier 
indicated, the further pohtical question of the proper means to eradicate such racial vote 
dilution as might be shown presently to exist has been decided by Congress and does not 
properly figure in our judicial inquiry. See Part II, supra. 

Fairness of the state legislative policy underlying the challenged redistricting. 

Under amended § 2 it presumably remains relevant to consider whether race-neutral 
and compelling state pohcies might justify a redistricting plan that concededly, or at least 
arguably, "results" prima facie in racial vote dilution. The Senate Report, discussing the 
continued relevance of the "tenuous state policy" inquiry as one of the incorporated 
Zimmer factors that evolved in White v. Regester dilution jurisprudence, indicates as 
much, though "tenuousness" as a gauge of intent is obviously no longer relevant under 
§ 2's "result-only" test. 

If the procedure markedly departs from past practices or from practices else- 
where in the jurisdiction, that bears on the fairness of its impact. But even a 
consistently applied practice premised on a racially neutral pohcy would not 
negate a plaintiff's showing through other factors that the challenged practice 
denies minorities fair access to the process. 

S. Rep. No. 97-417, supra note 10, at 29 & n. 117. See also Major v. Treen, supra, slip op. 
67-74 (analyzing state redistricting pohcy in terms of fairness). 

The parties in this litigation have addressed the point under the "tenuous state policy" 
rubric, and we will assume the inquiry's continued relevance under a "results"-only test. 
On this basis, we are persuaded that no state policy, either as demonstrably employed by 
the legislature in its deliberations, or as now asserted by the state in litigation, could 
"negate a showing" here that actual vote dilution results from the challenged district plan. 



42 SENATE JOURNAL [Second Extra Session 

During the legislative deliberations on the redistricting plan, the legislature was well 
aware of the possibility that its plan could result under then applicable federal law in 
impermissible dilution of black citizens' voting strength if concentrations of black voters 
were intentionally "submerged" in multi-member districts or "fractured" into separate 
districts. That fact was brought to its attention by special counsel, by black citizens' 
groups concerned with the problem, and by various legislators who proposed plans 
specifically designed to avoid any possibility of impermissibly diluting black citizens' votes 
in these ways. The specific dilution problems presented by the black voter concentrations 
in the callenged districts in this litigation were known to and discussed in legislative 
deliberations. 

The basic policy justification advanced by the state in this litigation for the legislature's 
declination to create single-member districts to avoid submerging concentrations of black 
voters in the challenged multi-member districts was the maintenance of an historical, 
functionally sound tradition of using whole counties as the irreversible "building blocks" of 
legislative districting. Although the state adduced fairly persuasive evidence that the 
"whole-county" policy was well established historically, had legitimate functional pur- 
poses, and was in its origins completely without racial implications, that all became largely 
irrelevant as matters developed in this particular legislative redistricting plan. At the 
time of its final enactment, the state policy — though compelled — was that counties 
might be split. When the Attorney General declined to give preclearance to the state 
constitutional prohibition of county divisions in redistricting, the state acquiesced and, 
indeed, divided counties thereafter both in non-covered as well as covered counties in the 
final redistricting plan. See note 3, supra. To the extent the policy thereafter was to split 
counties only when necessary to meet population deviation requirements or to obtain § 5 
preclearance of particular districts — and this is what the record demonstrates — such a 
policy obviously could not be drawn upon to justify , under a fairness test, districting which 
results in racial vote dilution. 

The same findings apply, though with added force, to Senate District No. 2. There, of 
course, in the final plan counties were split; indeed four were split in the face of a proposed 
plan which would have yielded an effective black-majority single-member district which 
only involved splitting two counties. Other policy considerations that were plainly shown 
to have influenced the legislature in its final drawing of Senate District No. 2 lines were 
the protection of incumbents and, in the words of one legislator-witness in this action, 
swallowing the "smallest of three pills" offered by the Justice Department in preclearance 
negotiations respecting the lowest permissible size of the black population concentration 
in the district. Obviously, neither of these pohcies could serve to outweigh a racial dilution 
result. 

The final pohcy consideration suggested by the state is the avoidance of race-conscious 
gerrymandering. While there may be some final constitutional constraint here, cf. Kar- 

cher V. Daggett, U.S , , 51 U.S.L.W. 4853, 4860 (U.S. June 22, 1983) 

(Stevens, J. , Concurring), we find that it is not approached here by the available means of 
avoiding submergence or fragmentation of any of the black voter concentrations at issue. 
The most serious problem is that posed by the configuration of the black voter concentra- 
tion in House District No. 8, comprised of Wilson, Nash and Edgecombe Counties. The 
configuration of the single-member district specifically suggested by the plaintiffs as a 
viable one is obviously not a model of aesthetic tidiness. But given the evidence, not 
challenged by defendants, that in the present multi-member district the black population, 
39.5% of the total, simply cannot hope ever to elect a candidate of its choice, aesthetics, as 
opposed to compactness and commonality of interests, cannot be accorded primacy. See 
Carstens v. Lamm, supra; Skolnick v. State Electoral Board, 336 F. Supp. 839, 843 
(N.D. 111. 1971) (three-judge court) (even compactness not a fundamental requirement). 



March, 1984] SENATE JOURNAL 43 

Ultimate Findings of Fact 

1. Considered in conjunction with the totahty of relevant circumstances found by the 
court — the lingering effects of seventy years of official discrimination against black 
citizens in matters touching registration and voting, substantial to severe racial polariza- 
tion in voting, the effects of thirty years of persistent racial appeals in political campaigns 
relatively depressed socio-economic status resulting in significant degree from a century 
of de jure and de facto segregation, and the continuing effect of a majority vote require- 
ment — the creation of each of the multi-member districts challenged in this action 
results in the black registered voters of that district being submerged as a voting minority 
in the district and thereby having less opportunity than do other members of the elector- 
ate to participate in the political process and to elect representatives of their choice. 

2. Considered in conjunction v^ith the same circumstances, the creation of single- 
member Senate District No. 2 results in the black registered voters in an area covered by 
Senate Districts Nos. 2 and 6 having their voting strength diluted by fracturing their 
concentration into tvv^o districts in each of M^hich they are a voting minority and in 
consequence have less opportunity than do other members of the electorate to participate 
in the political process and to elect representatives of their choice. "^^ 

IV 
CONCLUSIONS OF LAW 

1 . The court has j ursidiction of the parties and of the subj ect matter of the action under 
28 U.S.C. §§ 1331, 1343, and 42 U.S.C. § 1973c. 

2. The court is properly convened as a three-judge court under 28 U.S.C. § 2284(a). 

3. The action has been properly certified as a class action on behalf of all black residents 
of North Carolina who are registered to vote. No challenge is made to the propriety of the 
class action under any of the criteria of the governing class action rule, Rule 23, Fed. R. 
Civ. P. 

4. Of the challenged districts, only House District No. 8 (Wilson, Edgecombe and 
Nash) and Senate District No. 2 include counties that are covered under § 4(a) of the 
Voting Rights Act and for which preclearance is required under § 5 of the Act, 42 U.S.C. § 
1973c. 

The Attorney General's indication on April 27, 1982, that, so far as it affected covered 
counties, he would interpose no objection under § 5 to the legislative enactment of the 
redistricting plan which, inter alia, created House District No. 8 and Senate District No. 
2, does not have the effect of precluding this claim by plaintiffs brought under amended § 2 
to challenge the redistricting plan in respect of these two districts. 42 U.S.C. § 1973c; 
Major V. Treen, supra, slip op. at 200 n.l; United States v. East Baton Rouge Parish 
School Board, 594 F. 2d 56, 59 n.9 (5th Cir. 1979); see also Morris v. Gressette, 432 U.S. 
491, 506-07 (1977). Because the standards by which the Attorney General assesses voting 
changes under § 5 are different from those by which judicial claims under § 2 are to be 
assessed by the judiciary, see S. Rep. No. 97-417, supra note 10, at 68, 138-39, and 
because the former are applied in a non-adversarial administrative proceeding, the 
Attorney General's preclearance determination has no issue preclusive (collateral es- 
toppel) effect in this action. See Restatement (Second) Judgments §§ 27 comment c; 83(2) 
& (3) (1980). 

5. The meaning and intended application of amended § 2 of the Voting Rights Act in 
relation to the claims at issue in this action are as stated in Part II of this Memorandum 
Opionion. 



44 SENATE JOURNAL [Second Extra Session 

6. On the basis of this court's ultimate findings of fact, the plaintiffs have established 
that the creation by the General Assembly of North Carolina of multi-member House 
Districts Nos. 8, 21, 23, 36 and 39, multi-member Senate District No. 22, and single- 
member Senate District No. 2 will, as applied, result in an abridgement of their voting 
rights, as members of a class protected by subsection (a) of amended § 2 of the Voting 
Rights Act, in violation of that section. 

7. The plaintiffs are entitled to appropriate relief from the violation. 

v' ' ,''.'' ",■ 

REMEDY 

Having determined that the state's redistricting plans, in the respects challenged, are 
not in compliance with the mandate of amended § 2 of the Voting Rights Act, the court will 
enter an order delaring the redistricting plan violative of § 2 in those respects, and 
enjoining the defendants from conducting elections pursuant to the plan in its present 
form. 

In deference to the primary jurisdiction of state legislatures over legislative 
reapportionment. White v. Weiser, 412 U.S. 783, 795 (1973), we will defer further action 
to allow the General Assembly of North Carolina an opportunity to exercise that jurisdic- 
tion in an effort to comply with § 2 in the respects required. This is especially appropriate 
where, as here, the General Assembly adopted the plan found violative of § 2 before the 
enactment of the amended version of that statute which now apphes, and where there has 
accordingly been no previous legislative opportunity to assess the amended statute's 
substantial new requirements for affirmatively avoiding racial vote dilution rather than 
merely avoiding its intentional imposition. 

Having determined that the present plan violates a secured voting right, our obligation 
remains, however, to provide affirmative judicial rehef if needed to insure compliance by 
the state with its duty to construct districts that do not dilute the voting strength of the 
plaintiff class in the ways here found, or in other ways. See In re: Illinois Congressional 
Districts Reapportionment Cases, No. 81 C 1395, slip op. (N.D. 111. 1981), affd mem. 
sub nom., Ryan v. Otto, 454 U.S. 1130 (1982); Rybicki v. State Board of Elections, No. 
81 C 6030 (N.D. 111. Jan. 12, 1982); Kirksey v. Board of Supervisors, 554 F. 2d 139 (5th 
Cir.), cert, denied, 434 U.S. 968 (1977). 

Recognizing the difficulties posed for the state by the imminence of 1984 primary 
elections, the court will convene at any time, upon request of the state, to consider and 
promptly to rule upon any redistricting plan that has been enacted by the State in an effort 
to comply with the mandates of § 2 and with this decision. Faihng legislative action having 
that effect within a reasonable time under the circumstances, not later than March 16, 
1984, the court will discharge its obligation to develop and implement an appropriate 
remedial plan. 

An appropriate order will issue. 

FOOTNOTES 



^ For consistency and convenience we use the term "redistricting" throughout as a 
more technically, as well as descriptively, accurate one than the terms "apportionment" or 
"reapportionment" sometimes used by the parties herein to refer to the specific legislative 
action under challenge here. See Carstens v. Lamm, 543 F. Supp. 68, 72 n.3 (D. Col. 

1982). 



March, 1984] SENATE JOURNAL 45 

^ The original complaint also included challenges to population deviations in the 
redistricting plan allegedly violative of one-person-one-vote principles, and to con- 
gressional redistricting plans being contemporaneously enacted by the state's General 
Assembly. Both of these challenges were dropped by amended or supplemental pleadings 
responsive to the evolving course of legislative action, leaving only the state legislature 
"vote dilution" claims for resolution. 

^ The final plan's division of counties in areas of the state not covered by Section 5 was 
challenged by voters in one such county on the basis that the division violated the state's 
1968 constitutional prohibition. The claim was that in non-covered counties of the state the 
constitutional prohibition remained in force, notwithstanding its suspension in covered 
counties by virtue of the Attorney General's objection. In Cavanagh v. Brock, No. 
82-545-CIV-5 (E.D.N.C. Sept. 22, 1983), which at one time was consolidated with the 
instant action, this court rejected that challenge, holding that as a matter of state law the 
constitutional provisions were not severable, so that their effective partial suspension 
under federal law resulted in their complete suspension throughout the state. 

'^ At one stage in these proceedings another action challenging the redistricting plan for 
impermissible dilution of the voting strength of black voters was consolidated with the 
instant action. In Pugh v. Hunt, No. 81-1066-CIV-5, also decided this day, we earher 
entered an order of deconsolidation and permitted the black plaintiffs in that action to 
intervene as individual and representative plaintiffs in the instant action. 

^ Former Section 2, enacted pursuant to Congress's constitutional enforcement pow- 
ers, provided simply: 

No voting qualification or prerequisite to voting, or standard, practice, or 
procedure shall be imposed or applied by any State or political subdivision to 
deny or abridge the right of any citizen of the United States to vote on account of 
race or color, or in contravention of the guarantees set forth in Section 1973b(f) 
(2) of this title. 

42 U.S.C. § 1973 (1976). 

^ It is not now perfectly clear — but neither is it of direct consequence here — whether 
a majority of the Supreme Court considers that a racial vote dilution claim, as well as a 
direct vote denial claim, lies under the fifteenth amendment and, in consequence, lay 
under former Section 2. See Rogers v. Lodge, 458 U.S. 613, 619 n.l6 (1982). It is well 
settled, however, that such claims he under the fourteenth amendment, though only upon 
proof of intent as well as effect. See City of Mobile v. Bolden, 446 U.S. 55 (1980). 

'^ H.R. 3112, amending Section 2 and extending the Voting Rights Act of 1965, was 
passed by the House on October 15, 1981. On June 18, 1982, the Senate adopted a different 
version, S. 1992, reported out of its Committee on the Judiciary. The House unanimously 
adopted the Senate bill on June 23, 1982, and it was signed into law by the President on 
June 29, 1982. There was no intervening conference committee action. 

^ Of course, the direct claims under the fourteenth (and possibly the fifteenth) amend- 
ment remain, and could be estabhshed under Bolden by proof of a dilutive effect in- 
tentionally inflicted. But no authoritative decision has suggested that proof alone of an 
unrealized discriminatory intent to dilute would suffice. A dilutive effect remains an 
essential element of constitutional as well as Section 2 claims. See Hartman, Racial Vote 
Dilution and Separation of Powers: An Exploration of the Conflict Between the 
Judicial "Intent" and the Legislative "Results" Standards, 50 Geo. W.L. Rev. 689, 
737-38 n.318 (1982), Neither is there any suggestion that the remedy for an un- 
constitutional intentional dilution should be any more favorable than the remedy for a 



46 SENATE JOURNAL [Second Extra Session 

Section 2 "result" violation. Whether evidence of discriminatory intent might neverthe- 
less have limited relevance in establishing a Section 2 "results" claim is another matter. 

^ There have, hov^ever, been a few lower federal court decisions interpreting and 
applying amended Section 2 to state and local electoral plans. All generally support the 
interpretation we give the statute in ensuing discussion. See Major v. Treen Civil Action 
No. 82-1192 Section C (E.D. La. Sept. 23, 1983) (three-judge court); Rybicki v. State 
Board of Elections, No. 81-C-6030 (N.D. 111. Jan. 20, 1983) (three-judge court); Thomas- 
ville Branch of NAACP v. Thomas County, Civil Action No. 75-34-THOM (M.D. Ga. 
Jan. 26, 1983); Jones v. City of Lubbock, Civil Action No. CA-5-76-34 (N.D. Tex. Jan. 20, 
1983); Taylor v. Haywood County, 544 F. Supp. 1122 (W.D. Tenn. 1982) (on grant of 
preliminary injunction). 

^^ Senator Dole, sponsor of the compromise Senate version ultimately enacted as 
Section 2, stated that one of his "key objectives" in offering it was to 

make it unequivocally clear that plaintiffs may base a violation of Section 2 on a 
showing of discriminatory "results", in which case proof of discriminatory 
intent or purpose would be neither required, nor relevant. I was convinced of 
the inappropriateness of an "intent standard" as the sole means of establishing a 
voting rights claim, as were the majority of my colleagues on the Committee. 

S. Rep. No. 417, 97th Cong. , 2d Sess. 193 (1982) (additional views of Sen. Dole) (hereinaf- 
ter S. Rep. No. 97-417). 

^^ Congressional opponents of amended Section 2 contended in debate that White v. 
Regester did not actually apply a "results only" test, but that, properly interpreted, it 
required, and by imphcation found, intent also proven. The right or wrong of that debate 
is essentially beside the point for our purposes. We seek only Congressional intent, which 
clearly was to adopt a "results only" standard by codifying a decision unmistakably 
assumed — whether or not erroneously — to have embodied that standard. See Hart- 
man, Racial Vote Dilution, supra note 8, at 725-26 & n.236. 

^^ See S. Rep. No. 97-417, supra note 10, at 32 ("[T]he legislative intent [is] to 
incorporate [White v. Regester] and extensive case law. . .which developed around it.") 
See also id. at 19-23 (Bolden characterized as a "marked departure from [the] prior law" 
of vote dilution as applied in White v. Regester, Zimmer v. McKeithen, and a number of 
other cited federal decisions following White v. Regester). 

^^ This we consider to be the limit of the intended meaning of the disclaimer in amended 
Section 2 that "nothing in this section establishes a right to have members of a protected 
class elected in numbers equal to their proportion in the population." 42 U.S.C § 1973. 

^■^ Both Senate and House Committee Reports assert a purpose to forestall further 
purposeful discrimination that might evade remedy under the stringent intent-plus- 
effects test of Bolden and to eradicate existing or new mechanisms that perpetuate the 
effects of past discrimination. See S. Rep. 97-417, supra note 10, at 40; H. R. Rep. No. 227, 
97th Cong., 1st Sess. 31 (1981) (hereinafter H.R. Rep. No. 97-227). 

We accept — and it is not challenged in this action by the state defendants — that 
Congress intended the amendment to apply to litigation pending upon its effective date. 
See Major v. Treen, supra, slip op. at 40-41 n.20. 

^■^ Both the Senate and House Committee reports express an intention that amended 
Section 2 be regarded as remedial rather than merely redefinitional of existing con- 
stitutional voting rights. See S. Rep. No. 97-417, supra note 10, at 39-43; H.R. Rep. No. 
97-227, supra note 14, at 31. 



March, 1984] SENATE JOURNAL 47 

^^ Congressional proponents of amended Section 2 were at pains in debate and com- 
mittee reports to disclaim any intention or power by Congress to overrule the Supreme 
Court's constitutional interpretation in Bolden only that the relevant constitutional 
provisions prohibited intentional racial vote dilution, and to assert instead a power 
comparable to that exercised in the enactment of Section 5 of the Voting Rights Act to 
provide a judicial remedy for enforcement of the states's affirmative obligations to come 
into compliance. See, e.g., S. Rep. 97-417, s^ipranote 10, at 41 ("Congress cannot alter the 
judicial interpretations in Bolden. . .[T]he proposal is a proper statutory exercise of 
Congress' enforcement power, . ."). 

No challenge is made in this action to the constitutionality of Section 2 as a vaUd exercise 
of Congress's enforcement powers under the fourteenth (and possibly fifteenth) amend- 
ment, and we assume constitutionality on that basis. See Major v. Treen, supra, slip op. 
44-61 (upholding constitutionality against direct attack). 

^^ See Voting Rights Act: Hearings Before the Subcomm. on the Constitution of the 
Senate Comm. on the Judiciary, 97th Cong., 2d Sess. 542-46 (Feb. 1, 1982) (hereafter 
Senate Hearings) (prepared statement of Professor McManus, pointing to disagreements 
within black community leadership over relative virtues of local districting plans). 

^^ See Subcommittee on the Constitution of the Senate Committee on the Ju- 
diciary, 97th Cong. 2d Sess., Voting Rights Act, Report on S. 1992, at 42-43 (Comm. 
Print 1982) (hereafter Subcommittee Report), reprinted in S. Rep. No. 97-417, supra 
note 10, 107, 149 (asserting "detrimental consequence of establishing racial polarity in 
voting where none existed, or was merely episodic, and of estabhshing race as an accepted 
factor in the decision-making of elected officials"); Subcommittee Report, supra, at 45, 
reprinted in S. Rep. No. 97-417, supra note 10, at 150 (asserting that amended Section 2 
would aggravate segregated housing patterns by encouraging blacks to remain in safe 
black legislative districts). 

^^ See Subcommittee Report, supra, note 18, at 43-44, reprinted in S. Rep. No. 
97-417, supra note 10, at 149-50. 

^^ See Senate Hearings, supra, note 17, at 1351-54 (Feb. 12, 1982) (prepared statement 
of Professor Blumstein); id. at 509-10 (Jan. 28, 1982) (prepared statement of Professor 
Erler), reprinted in S. Rep. No. 97-417, supra note 10, at 147; id. at 231 (Jan. 27, 1982) 
(testimony of Professor Berns), reprinted in S. Rep. No. 97-417, supra note 10, at 147. 

^^ We need not attempt at this point to define the exact population level at which blacks 
would constitute an effective (non-diluted) voting majority, either generally or in this 
area. Defendant's expert witness testified that a general "rule of thumb" for insuring an 
effective voting majority is 65%. This is the percentage used as a "benchmark" by the 
Justice Department in administering § 5. Plaintiffs' expert witness opined that a 60% 
population majority in the area of this district could only be considered a "competitive" one 
rather than a "safe" one. 

On the uncontradicted evidence adduced we find — and need only find for present 
purposes — that the extant 55,1% black population majority does not constitute an 
effective voting majority, i.e. , does not establish per se the absence of racial vote dilution, 
in this district. See Kirksey v. Board of Supervisors, 554 F. 2d 139, 150 (5th Cir. 1977) 
("Where. . .cohesive black voting strength is fragmented among districts,. . .the pres- 
ence of districts with bare population majorities not only does not necessarily preclude 
dilution but. . .may actually enhance the possibility of continued minority political im- 
potence."). 



48 SENATE JOURNAL [Second Extra Session 

^^ The recent history of white and black voter registration statewide and in the areas of 
the challenged districts is shown on the following chart. 

Percent of Voting Age 
Population Registered to Vote 







10/78 




10/80 


10/82 




White 


Black 


White 


Black 


White 


Black 


Whole State 


61.7 


43.7 


70.1 


51.3 


66.7 


52.7 


Mecklenburg 


71.3 


40.8 


73.8 


48.4 


73.0 


50.8 


Forsyth 


65.8 


58.7 


76.3 


67.7 


69.4 


64.1 


Durham 


63.0 


39.4 


70.7 


45.8 


66.0 


52.9 


Wake 


61.2 


37.5 


76.0 


48.9 


72.2 


49.7 


Wilson 


60.9 


36.3 


66.9 


40.9 


64.2 


48.0 


Edgecombe 


63.8 


37.9 


68.2 


50.4 


62.7 


53.1 


Nash 


61.2 


39.0 


72.0 


41.2 


64.2 


43.0 


Bertie 


75.6 


46.0 


77.0 


54.1 


74.6 


60.0 


Chowan 


71.3 


44.3 


77.4 


53.9 


74.1 


54.0 


Gates 


80.9 


73.5 


83.9 


77.8 


83.6 


82.3 


Halifax 


66.8 


40.9 


72.0 


50.4 


67.3 


55.3 


Hertford 


75.6 


56.6 


81.8 


62.5 


68.7 


58.3 


Martin 


69.3 


49.7 


76.9 


55.3 


71.2 


53.3 


Northampton 


72.4 


58.5 


77.0 


63.9 


82.1 


73.9 


Washington 


74.3 


62.8 


82.2 


66.0 


75.6 


67.4 



^^ Section 2 claimants are not required to demonstrate by direct evidence a causal nexus 
between their relatively depressed socio-economic status and a lessening of their opportu- 
nity to participate effectively in the political process. See S. Rep. No. 97-417, supra note 
10, at 29 n.ll4. Under incorporated White v. Regester jurisprudence, "[ijnequality of 
access is an inference which flows from the existence of economic and educational inequali- 
ties." Kirksey v. Board of Supervisors, 554 F. 2d 139, 145 (5th Cir.), cert, denied, 434 
U.S. 968 (1977). Independently of any such general presumption incorporated in amended 
Section 2, we would readily draw the inference from the evidence in this case. 

^^ There is no suggestion that when originally enacted in 1915, its purpose was racially 
discriminatory. That point is irrelevant in assessing its present effect, as a continued 
mechanism, in the totality of circumstances bearing upon plaintiffs' dilution claim. See 
Part II, supra. 

2^ See White v. Regester, 412, U.S. 775, 766 (1973). 

^^ See id. at 766 n. 10. 

^"^ Both parties offered evidence — anecdotal, informed "lay opinion," and 
documentary — to establish on the one hand that recent black successes indicated an 
established breakthrough from any preexisting racial vote dilution and on the other, that 
those successes are too "haphazard" and aberrational in terms of specific candidacies, 
issues, and political trends and, in any event, still too minimal in numbers, to support any 
such ultimate inference. Heavily emphasized with respect to successful black candidacies 
in 1982 was the fact that in some elections the pendency of this very litigation worked a 
one-time advantage for black candidates in the form of unusual organized political support 
by white leaders concerned to forestall single-member districting, and that this cannot be 
expected to recur. Our finding, as stated in text, reflects our weighing of these conflicting 
inferences. 



March, 1984] SENATE JOURNAL 49 

^^ Included were all the elections for the General Assembly in which there were black 
candidates in Mecklenburg, Durham, and Forsyth County; elections for the State House 
of Representatives in Wilson, Edgecombe, and Nash Counties; and elections for the State 
Senate in Cabarrus County for the election years 1978, 1980, and 1982; county-wide local 
elections in each of Wilson, Edgecombe and Nash Counties in which there were black 
candidates. The 53 elections included both primary and general elections and represented 
at total of 32 different election contests. 

^^ The two methods employed, both standard in the literature for the analysis of racially 
polarized voting, were an "extreme case" analysis and an "ecological regression" analysis. 
The extreme case analysis focuses on voting in racially segregated precincts; the regres- 
sion analysis uses both racially segregated and racially mixed precincts and provides any 
corrective needed to reflect the fact that voters in the two types may behave differently. 
In Dr. Grofman's analysis the results under both methods conformed closely in most 
cases. The purpose of both methods is simply to determine the extent to which blacks and 
whites vote differently from each other in relation to the race of candidates. 

Defendant's duly quahfied expert witness. Dr. Thomas Hofeller, had studied Dr. 
Grofman's data and the mathematics of his analysis of that data, and heard his hve 
testimony. Aside from two mathematical or typographical errors. Dr. Hofeller did not 
question the accuracy of the data, its adequacy as a reliable sample for the purpose used, 
nor that the methods of analysis used were standard in the literature. He questioned the 
reliability of an extreme case analysis standing alone, but, as indicated. Dr. Grofman's did 
not stand alone. Dr. Hofeller also questioned Dr. Grofman's failure to make an exact count 
of voter turn-out by race rather than using estimated figures. The literature makes no 
such demand of precision in obtaining this figure, and Dr. Grofman's method of estimating 
is accepted. Dr. Hofeller made no specific suggestion of error in the figures used. 

We have accepted the accuracy and reliability of the data collected and the methods of 
analysis used by Dr. Grofman for the purposes offered. The general reliability of Dr. 
Grofman's analysis was further confirmed by the testimony of Dr. Theodore Arrington, a 
duly qualified expert witness for the Pugh intervenor-plaintiffs, see, note 4, supra. 
Proceeding by a somewhat different methodology and using different data. Dr. Arrington 
came to the same general conclusion respecting the extent of racial polarization in the 
narrower areas of his study. 

^° These conclusions were reached by determining the correlation between the voters 
of one race and the number of voters who voted for a candidate of specified race, in 
experience, correlations above in absolute value of .5 are relatively rare and correlations 
above .9 extremely rare. All correlations found by Dr. Grofman in the elections studied 
had absolute values between .7 and .98, with most above .9. This reflected statistical 
significance at the .00001 level — probability of chance as explanation for the coincidence 
of voter's and candidate's race less than one in 100,000. Cf. Major v. Treen, supra, slip op. 
30-32 n.l7 (comparable analysis of racial vote polarization by correlation coefficients). 

^^ The two exceptions involved 1982 State House elections in Durham and Wake 
Counties, respectively, in which black candidates were elected to seats in majority white 
multi-member districts. Both were incumbents, and in Durham County there were only 
two white candidates in the race for three seats so that the black candidate had to win. 
Though each black candidate won, neither received a majority of the white vote cast. 
These two exceptions did not alter Dr. Grofman's conclusion that, in his terms, racial 
polarization in the elections analyzed as a whole was substantively significant. Nor do they 
alter our findings to the same effect. 



50 SENATE JOURNAL [Second Extra Session 

^^ Defendant's expert witness questioned the accuracy of any opinion as to the "sub- 
stantive" significance of statistically significant racial polarization in voting that did not 
factor in all of the circumstances that might influence particular votes in a particular 
election. This flies in the face of the general use, in litigation and in the general social 
science literature, of correlation analysis as the standard method for determining whether 
vote dilution in the legal (substantive) sense exists, a use conceded by defendant's expert. 

^^ The state challenges the basic premise of this finding with the familiar argument that 
the relative merits of legislative division of a minority population that is not large enough 
to form voting majorities in two single-member districts into an effective voting majority 
in one single-member district and an ineffective minority in another or, on the other hand, 
dividing it into two substantially influential minorities in two districts is so problematical 
that neither the one nor the other division can properly be adjudged "dilutive" by a court. 
See, e.g., Seamon v. Upham, 536 F. Supp. 931, 949 (E.D. Tex.) (three-judge court) rev'd 
on other grounds, 456 U.S. 37 (1982); compare Jordan V. Winter, 541 F.Supp. 1135,1143 
(N.D. Miss. 1982) (three-judge court), vacated and remanded for further consideration 
in light of amended § 2, 103 S. Ct. 2077 (1983) (legislative preference unchallengeable) 
with Kirksey v. Board of Supervisors, 554 F.2d at 150 (dilution possible even if one of 
districts has bare black population majority). The specific argument here is that any 
increase in the present minority population of 55. 1% in Senate District No. 2 will be at the 
expense of the present 49.3% population in Senate District No. 6, the obvious source for 
District 2 increase. 

We are not impressed with the argument. While, the dilemma is a real one, we think it is 
one that Congress has, in effect, committed to the judgment of the black community to 
whom it has given the private right of action under amended § 2. The right created is, by 
definition, that of a "class" and the procedural means of vindicating it by a class action has 
also been provided by Congress in Fed. R. Civ. P. 23. When, as here, such a class action is 
brought by a class which includes such a fragmented concentration of black voters, a group 
judgment about the group's best means of access to the political process must be assumed 
reflected in the specific claim made by the class. The legitimacy of that group judgment, 
from the standpoint of members of the class identified, can be put to test by standard 
procedures: by challenges to the adequacy of representation or the typicality of claims by 
any members of the identified class who question the wisdom or vaUdity of the class claim 
under Rule 23(a) (3) & (4), Fed. R. Civ. P. , or even by attempted intervention under Rule 
24, Fed. R. Civ. P. When, as here, no such challenges are made, a dilution claim made by 
the class is properly assessed in the terms made, and on the understanding that any 
judgment entered on its basis will be binding on all members of the class who may not later 
second-guess it under ordinary principles of claim preclusion, see Restatement (Second) 
Judgments § 24, comments b, c; § 25 comments f, m; § 41(1) (e), (2), comment e, or, 
possibly, judicial estoppel, see Allen v. Zurich Ins. Co., 667 F. 2d 1162 (4th Cir. 1982). 

If this were not the approach taken, a foolproof means would be provided for irremedi- 
able fracturing of any such minority voter concentration. That cannot have been intended 
by Congress. A different situation of course would be presented if the class of black voters 
bringing such a dilution-by-fracturing claim included only the voters in one of the districts 
into which the fracturing had occurred. That is not this case. 



March, 1984] SENATE JOURNAL 51 

FILED — January 27, 1984 
J. Rich Leonard, Clerk 
U.S. District Court 
E. Dist. No. Car. 

UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF NORTH CAROLINA 

RALEIGH DIVISION 



RALPH GINGLES, et al. 

Plaintiffs, 



RUFUS L. EDMISTEN, et al. 

Defendants. 



No. 81-803-CIV-5 



ORDER 



For the reasons set forth in the Memorandum Opinion of the court filed this day; 
It is ADJUDGED and ORDERED that: 

1. Chapters 1 and 2 of the North Carolina Session Laws of the Second Extra Session of 
1982 (1982 redistricting plan) are declared to violate section 2 of the Voting Rights Act of 
1965, amended June 29, 1982, 42U.S.C. § 1973, by the creation of the following legislative 
districts: Senate Districts Nos. 2 and 22, and House of Representatives Districts Nos. 8, 
21, 23, 36, and 39. 

2. Pending further order of this court, the defendants, their agents and employees, are 
enjoined from conducting any primary or general elections to elect members of the State 
Senate or State House of Representatives to represent, inter alia, registered black voters 
resident in any of the areas now included within the legislative districts identified in 
paragraph 1. of this Order, whether pursuant to the 1982 redistricting plan, or any revised 
or new plan. 

This Order does not purport to enjoin the conduct of any other primary or general 
elections that the State of North Carolina may see fit to conduct to elect members of the 
Senate or House of Representatives under the 1982 redistricting plan, or to elect candi- 
dates for any other offices than those of the State Senate and House of Representatives. 
See N.C.G.S. 120-2.1 (1983 Cum. Supp.) 

3. Jurisdiction of this court is retained to entertain the submission of a revised legisla- 
tive districting plan by the defendants, or to enter a further remedial decree, in accord- 
ance with the Memorandum Opinion filed today in this action. 

4. The award of costs and attorneys fees as prayed by plaintiffs is deferred pending 
entry of a final judgment, or such earlier date as may be shown required in the interests of 
justice. 

S/ J. Dickson Phillips, Jr. 
United States Circuit Judge 



52 SENATE JOURNAL [Second Extra Session 

S/ W. Earl Britt, Jr. 

Chief United States District Judge 

S/ Franklin T. DuPREE, Jr. 
Senior United States District Judge 

I certify the foregoing to be a true and correct 
copy of the original 

J. Rich Leonard, Clerk 

United States District Court . .,; 

Eastern District of North Carolina 
By — S/ Carolyn Wells 
Deputy Clerk 



NORTH CAROLINA GENERAL ASSEMBLY 

PRESIDENT PRO TEMPORE 

SENATE 

RALEIGH 27611 

February 2, 1984 

MEMORANDUM 

TO: Members of the North Carolina Senate 

FROM: W. Craig Lawing, President Pro Tempore - 

I hope that all of you have by now had an opportunity to review the Opinion of the three 
judge United States District Court panel with respect to the reapportionment decision. I 
would also hope that you have studied our Staff 's summary of the decision which was 
mailed to you on January 30, 1984. 

Over the last several days I have discussed the impact of this decision with numerous 
Members of the Senate, with our Staff, with the Attorney General's Office and with 
Lieutenant Governor Green. As you know, we are mandated to take some action by March 
16, 1984, and because of the importance of this decision and its effect on the May 8th 
Primary, I have attempted to determine the best course of action for the State to follow 
based upon my discussions and talks with more than a majority of the Senate Members. I 
have concluded that it is the consensus of most Members that it would be in the best 
interest of the people of this State and of the General Assembly to attempt to obtain a stay 
of the Court's Order at this time, and in the event that we are not able to obtain a stay by 
March 1, 1984, that we reconvene in special session for the purpose of reapportioning 
those districts that are affected by the Court's Order. I am advised by the Attorney 
General's Office that in order to petition for a stay that it is necessary to file Notice of 
Appeal. 

Based upon this advice and my discussions with a majority of the Senate Members, I 
have requested the Attorney General to give Notice of Appeal and to petition for a stay of 
the Court's Order at the earhest possible time. I believe this will enable the General 
Assembly to properly carry out its role in reapportioning legislative districts in com- 
pliance with the Constitution and with the Voting Rights Act. 

It is my understanding that the identical action outlined above has been taken by the 
House and Speaker Ramsey has joined in my request to the Attorney General's Office to 
perfect the appeal and to petition for the stay. 



March, 1984] SENATE JOURNAL 53 

I am advised by the Attorney General's Office and our Legal Staff that the Primary 
Elections in all Senate districts not mentioned in the Order may proceed as scheduled. The 
Senate districts mentioned in the Order are Numbers 2 and 22. 

I know that you feel as I do that the American System works by Majority rule. I 
sincerely hope that this meets with your approval. 

cc: Lt. Governor James C. Green 
Speaker Liston Ramsey 
Mr. Alex Brock 
Mr. Gerry Cohen 
Mr. Terry Sullivan 
Mr. James Wallace 



FILED — February 9, 1984 
J. Rich Leonard, Clerk 
U.S. District Court 
E. Dist. No. Car. 



UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF NORTH CAROLINA 

RALEIGH DIVISION 



RALPH GINGLES, et al, 

Plaintiffs, 



RUFUS L. EDMISTEN, et al, 

Defendants. 



No. 81-803-CIV-5 



ORDER 



From the order of this Court dated 27 January 1984 granting injunctive relief de- 
fendants have given notice of appeal to the Supreme Court of the United States. Con- 
temporaneously therewith defendants moved the Court to stay the order and injunction 
pending appeal pursuant to Rule 62 of the Federal Rules of Civil Procedure. After fully 
considering the memorandum of law filed by defendants and the memorandum in opposi- 
tion to the motion filed by plaintiffs, it is the unanimous decision of the Court that the 
motion for a stay should be and the same is hereby denied. 



This 9 February 1984. 



FOR THE COURT 

S/ W. Earl Britt 

United States District Judge 



54 SENATE JOURNAL [Second Extra Session 

I certify the foregoing to be a true and correct 
copy of the original. 

J. Rich Leonard, Clerk 

United States District Court 

Eastern District of North Carolina 
By — S/ Joyce W. Todd 
Deputy Clerk 



OFFICE OF THE CLERK 

SUPREME COURT OF THE UNITED STATES 

WASHINGTON, D. C. 20543 

February 27, 1984 



Jerris Leonard, Esq. 

900 Seventeenth Street, N. W. 

Suite 1020 

Washington, DC 20006 



Dear Mr. Leonard: 



RE: Rufus Edmisten, et al. v. Ralph Gingles, et al. 
No. A-653 



Your appUcation for stay in the above-entitled case has been presented to the Chief 
Justice, who has endorsed thereon the following: 

"Denied 

2/24/84 
W.E.B." 

Very truly yours, 
Alexander L. Stevas, Clerk 
By — S/ Katherine Downs 
Assistant Clerk 

cc: Leslie J. Winner, Esq. 



STATE OF NORTH CAROLINA 

OFFICE OF THE LIEUTENANT GOVERNOR 

RALEIGH 

February 27, 1984 



The Honorable Marshall A. Ranch 
6048 South York Road 
Gastonia, North CaroUna 28052 

Dear Marshall: 

In light of the recent Supreme Court ruling, I am today appointing the following 
Committee on Senate Redistricting and asking that you serve as Chairman: 



March, 1984] 



SENATE JOURNAL 



55 



Rauch, Chairman 
Allsbrook, Vice Chairman 
Duncan, Vice Chairman 



Swain 

Tally 

Thomas, J. 

Thomas, R. 

Walker 

Ward 

Warren 

White 

Wright 



I hope it will be possible for the committee to meet on Thursday, March 1, to consider 
alternative plans developed by the legislative staff. 



Allred 


Hipps 


Ballenger 


Jenkins 


Barnes, H. 


Jordan 


Daniels 


Kincaid 


Davis 


Lawing 


Edwards, E. 


Parnell 


Gray 


Royall 


Guy 


Soles 


Hardison 


Speed 


Harrington 


Staton 



With warmest personal regards. 



cc: The Honorable Liston Ramsey 
Mr. George Hall 
Mr. Terry Sullivan 
Mrs. Sylvia M. Fink 
All committee members 



Sincerely, 
S/ James C. 



Green 



STATE OF NORTH CAROLINA 

OFFICE OF THE LIEUTENANT GOVERNOR 

RALEIGH 

February 27, 1984 



The Honorable William N. Martin 
P.O. Box 21325 
Greensboro, NC 27420 

Dear Bill: 

In light of the recent Supreme Court ruling, I am today appointing the following 
Committee on Senate Redistricting and asking that you serve. 





Rauch, 


Chairman 






Allsbrook, Vice Chairman 






Duncan 


Vice Chairman 




Allred 


Hipps 




Staton 


Ballenger 


Jenkins 




Swain 


Barnes, H. 


Jordan 




Tally 


Daniels 


Kincaid 




Thomas, J. 


Davis 


Lawing 




Thomas, R 


Edwards, E. 


Martin 




Walker 



56 SENATE JOURNAL [Second Extra Session 

Gray Parnell Ward 

Guy Royall Warren 

Hardison Soles White 

Harrington Speed Wright 

I hope it will be possible for the committee to meet on Thursday, March 1, to consider 
alternative plans developed by the legislative staff. 



With warmest personal regards. 



cc: The Honorable Liston Ramsey 
The Honorable Marshall Rauch 
Mr. George Hall 
Mr. Terry Sullivan 
Mrs. Sylvia M. Fink 
All committee members 



Sincerely, 

S/ James C. Green 



NORTH CAROLINA GENERAL ASSEMBLY 

LEGISLATIVE SERVICES OFFICE 

2129 STATE LEGISLATIVE BUILDING 

RALEIGH27611 

March 1, 1984 

The Honorable James B. Hunt, Jr. 

Governor of North Carolina 

State Capitol 

Raleigh, North Carolina 27611 , , , , , 

Dear Governor Hunt: 

We request that you call, by and with advice of the Council of State, an extra session of 
the General Assembly to convene on Wednesday, March 7, 1984, at 10:00 A.M., for the 
purposes of considering and acting upon legislation concerning the apportionment of the 
North Carolina House of Representatives and the North Carolina Senate and technical 
and conforming changes in the election laws and the primary election schedule. 

Sincerely, 

S/ Liston B. Ramsey ■ ' ' '':- 

■ Speaker of the House 'a,;, . ;> j: 

of Representatives 

.'/''---..■' 'v S/ James C. Green 

'■' President of the Senate 



March, 1984] SENATE JOURNAL 57 

OFFICE OF THE CLERK 

SUPREME COURT OF THE UNITED STATES 

WASHINGTON, D. C. 20543 

March 5, 1984 

Jerris Leonard, Esq. 

900 Seventeenth Street, NW 

Suite 1020 

Washington, DC 20006 

RE: Rufus Edmisten, et al. v. Ralph Gingles, et al. 
No. A-653 



Dear Mr. Leonard: 

The Court today entered the following order in the above-entitled case: 

"The application to stay the mandate of the United States District Court for the 
Eastern District of North Carohna pending appeal addressed to Justice Powell and 
referred to the Court is denied. Justice Marshall took no part in the consideration or 
decision of this order." 

Very truly yours, 
Alexander L. Stevas, Clerk 
By — S/ Francis J. Lorson 
Chief Deputy Clerk 

cc: Leslie J. Winner, Esq. 

Clerk, U.S. District Court for 

the Eastern District of North Carolina 
(your No. 81-803-CIV-5) 
Robert N. Hunter, Jr., Esq. 



58 SENATE JOURNAL [Second Extra Session 

FILED — March 19, 1984 

J. Rich Leonard, Clerk ■ .- ' 

U.S. District Court 

E. Dist. No. Car. 

UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF NORTH CAROLINA 

RALEIGH DIVISION 



RALPH GINGLES, et al.. 

Plaintiffs, 



RUFUS L. EDMISTEN, et al.. 

Defendants. 



No. 81-803-CIV-5 



ORDER 



Obedient to this Court's order of 27 January 1984, defendants have submitted to the 
Court the details of newly enacted legislative districts and moved the Court's approval 
thereof. Plaintiffs have responded opposing the approval of certain of the new districts. 

Plaintiffs have also moved for leave to take depositions of legislators and legislative 
staff members and for an evidentiary hearing. These motions are denied. The Court will 
make a determination on compliance from the record now before it. 



This 19 March 1984. 



(certification illegible) 
S/ J, Ronald James. Jr. 



FOR THE COURT 

S/ W. Earl Britt 

United States District Judge 



INDEX 



60 SENATE JOURNAL [Second Extra Session 

RATIFIED BILLS AND RESOLUTION 
Session Laws 



Chapter Bill No. Page 

1 HB 2 12. 

2 HB 3 12. 

3 HB 4 12. 

4 SB 2 12. 

5 SB 1 13. 

6 HB 1 14. 

7 HB 6 14. 



Resolution 



Resolution Res. No. Page 
1 HJR 5 14. 



NUMERICAL INDEX 
Senate 



Bill/Resolution Page 

SB 1 Senate Districts 1, 2, 6, 9, 10, 11, and 14 (Ch. 5) 7, 8, 10, 11, 13. 

SB 2 Senate District 22 (Ch. 4) 7, 8, 10, 12. 



House of Representatives 



HB 1 House Districts 21, 23, 36, 39 (Ch. 6) 8, 9, 10, 12, 13, 14. 

HB 2 House District 8 (Ch. 1) 9, 10, 12. 

HB 3 Primary Elections for Reapportioned Districts (Ch. 2) 9, 10, 12. 

HB 4 Ballot Reporting of Transferred Voters (Ch. 3) 9, 10, 12. 

HJR 5 Adjournment Sine Die/March 1984 Extra Session (Res. 1) .9, 13, 14. 

HB 6 Effective Date for Chapter 6 (Ch. 7) 14. 



March, 1984] SENATE JOURNAL 61 

ALPHABETICAL INDEX 



Absence 

Leave Granted 

Alford, Senator Dallas 6, 11. 

Allsbrook, Senator Julian 6. 

Edwards, Senator James H 11. 

Harris, Senator Ollie 6, 11. 

Jordan, Senator Robert B 11. 

Marvin, Senator Helen 11. 

Soles, Senator R. C 11. 

Thomas, Senator Joseph E 6. 

Tison, Senator Benjamin T 6. 

Walker, Senator Russell 11. 

Wright, Senator Julian A. "Chip" 6, 11. 

Presence Recorded 

Allsbrook, Senator Julian 11. 

Thomas, Senator Joseph E 11. 

Tison, Senator Benjamin T 8. 

Adjournment, Sine Die (H 5) (Res. 1) 9, 13, 14, 15. 

Appendix 17. 

Ballot — see Election Laws 

Barnes, Henson P. — Senator — 8th District 

Conference Committee — H 1 11, 13. 

Convening 5, 56. 

Districts 

Reapportioned 

House of Representatives 

House District 8 (H 2) (Ch. 1) 9, 10, 12. 

House Districts 21, 23, 36, 39 (H 1) (Ch. 6) 8, 9, 10, 12, 13, 14. 

Senate 

Senate Districts 1, 2, 6, 9, 10, 11, 14 (S 1) (Ch. 5) 7, 8, 10, 11, 13. 

Senate District 22 (S 2) (Ch. 4) 7, 8, 10, 12. 

Senatorial 

All Districts 3, 18. 

Effective Date, HB 1, Chapter 6 (H 6) (Ch. 7) 14. 

Election Laws 

Ballot Reporting of Transferred Voters (H 4) (Ch. 3) 9, 10, 12. 

Primary Elections/Reapportioned Districts (H 3) (Ch. 2) 9, 10, 12. 

General Assembly 

House of Representatives 

Business Concluded 14. 

Organized 7. 

Senate 

Business Concluded 14. 

Committees 

Standing/Select (Redistricting) — 

Appointment/Meetings 6, 7, 8, 9, 11, 54. 

Conference— HB 1/House Districts 21, 23, 36, 39 10, 12, 13. 

Officers 3. 

Organized 7. 



62 SENATE JOURNAL [Second Extra Session 

General Assembly (continued) 
Senate (continued 

Pledge of Allegiance 5. 

Prayer 

Dr. J. C. Harris 3. 

Senator Marvin Ward 11. 

President — Lieutenant Governor James C. Green 

Appointments 6, 7, 11, 54. 

Presides 6, 8, 9, 11. 

Relinquishes Gavel 12. 

Quorum 6. 

Recess 8, 9, 13. 

Rules 6. 

Green, James C. — Lieutenant Governor (President of the Senate) — 

see General Assembly (Senate President) 
Hancock, William G., Jr. — Senator — 13th District 

Conference Committee — H 1 11, 13. 

Hardison, Harold W. — Senator — 5th District 

Conference Committee — H 1 11, 13. 

Hipps, Charles W.— Senator— 29th District 

Adjournment Motion (Second) 14. 

Jenkins, Cecil R. — Senator — 22nd District 

Co-Sponsor— S 2 7. 

Kincaid, Donald R. — Senator — 27th District 

Vote Recorded— H 1 9. 

Lawing, W. Craig — Senator (President Pro Tempore) — 22nd District 

Adjournment Motion 11. 

Journal Approval Motion 11. 

Memorandum to Membership 52, 

Presides 12, 13, 15. 

Primary Sponsor — S 2 7. 

Opinion/Orders— U.S. Courts 20, 51, 53, 57, 58. 

Primary — see Election Laws 

Proclamation by Governor 6. 

Reapportionment — see Districts 

Redistricting Committee — see General Assembly (Senate Committees) 

Ranch, Marshall A. — Senator — 25th District 

Primary Sponsor — S 1 7. 

Royall, Kenneth C, Jr. — Senator — 13th District 

Adjournment Motion 14, 15. 

Conference Committee — H 1 11, 13. 

Swain, Robert S. — Senator — 28th District 

Adjournment Motion (Second) 11. 

Conference Committee — H 1 11, 13. 

Tison, Benjamin T. — Senator — 22nd District 

Vote Recorded— S 1 and S 2 8. 



JOURNAL 

OF THE 

I SENATE 

I OF THE 

GENERAL ASSEMBLY 

OF THE 

t STATE OF NORTH CAROLINA 



SECOND SESSION 
1984 



OFFICERS AND MEMBERS 
OF 

THE SENATE OF NORTH CAROLINA 

1983 GENERAL ASSEMBLY 
SECOND SESSION — 1984 

JAMES C. GREEN, President Clarkton 

W. CRAIG LAWING, President Pro Tempore Charlotte 

KENNETH C. ROYALL, JR., Majority Leader Durham 

SYLVIA M. FINK, Principal Clerk Raleigh 

LEROY CLARK, JR., Reading Clerk Wendell 

GERDA B. PLEASANTS, Sergeant-at-Arms Gary 

DISTRICT NAME OF SENATOR ADDRESS 

1 MELVIN R. DANIELS Elizabeth City 

2 J. J. HARRINGTON Lewiston 

3 JOSEPH E. THOMAS Vanceboro 

4 A. D. GUY Jacksonville 

5 HAROLD W. HARDISON Deep Run 

6 JULIAN R. ALLSBROOK^ Roanoke Rapids 

PHILLIP W. TAYLOR^ Littleton 

7 J. A. WRIGHT Wilmington 

8 HENSON P. BARNES Goldsboro 

9 VERNON E. WHITE WinterviUe 

10 DALLAS L. ALFORD, JR Rocky Mount 

11 JAMES D. SPEED Louisburg 

12 ANTHONY E. RAND Fayetteville 

LURA TALLY Fayetteville 

13 KENNETH C. ROYALL, JR Durham 

WILLIAM G. HANCOCK, JR Durham 

14 JOSEPH E. JOHNSON Raleigh 

WILMA C. WOODARD Garner 

WILLIAM W. STATON Sanford 

15 ROBERT D. WARREN Benson 

16 WANDA HUNT Pinehurst 

RUSSELL WALKER Asheboro 

17 ROBERT B. JORDAN III Mt. Gilead 

AARON W. PLYLER Monroe 

18 R. C. SOLES, JR Tabor City 

19 ELTON EDWARDS Greensboro 

20 RICHARD W. BARNES Winston-Salem 

MARVIN WARD Winston-Salem 

21 GARY ALLRED Burlington 

22 CECIL ROSS JENKINS, JR Kannapolis 

W. CRAIG LAWING Charlotte 

KENNETH R. HARRIS Charlotte 

BENJAMIN T. TISON Charlotte 

23 JACK CHILDERS Lexington 

ROBERT M. DAVIS Salisbury 

24 CONRAD R. DUNCAN, JR Stoneville 

GEORGE W. MARION, JR Dobson 

25 OLLIE HARRIS Kings Mountain 

HELEN RHYNE MARVIN Gastonia 

MARSHALL A. RAUCH Gastonia 

26 T. CASS BALLENGER Hickory 

WILLIAM W. REDMAN, JR Statesville 

27 JAMES H. EDWARDS Hickory 

DONALD R. KINCAID Lenoir 

28 ROBERT S. SWAIN Asheville 

DENNIS WINNER Asheville 

29 CHARLES W. HIPPS Waynesville 

R. P. THOMAS Hendersonville 

30 DAVID RUSSELL PARNELL Parkton 

31 WILLIAM N. MARTIN Greensboro 

32 RACHEL G. GRAY High Point 

'Died May 15, 1984 
^Appointed June 7, 1984 






■i}r\ 



\^\ '^\ f \ "'-^ |-| 



I 



SENATE JOURNAL 

SECOND SESSION 1984 

ONE HUNDRED THIRTY-EIGHTH DAY 

Senate Chamber, 
Thursday, June 7, 1984. 

The Senate meets pursuant to adjournment, as provided in Resolution 55, and is called 
to order by the Honorable James C, Green, Lieutenant Governor. 

Prayer is offered by the Reverend Claude Godwin, Senate Chaplain, as follows: 

"Almighty God; Creator of justice, mercy and truth; as we gather here today we pray 
that You will fill the minds and hearts of the members of this Legislature with a hunger 
and a thirst for justice. Remind us all of our human frailties and limitations. Send us Your 
Spirit to inspire us, even as You inspired Your servants Moses, David and Jesus. Help the 
women and men of this Senate fulfill the potential for goodness and truth which You have 
given to each of us: that they may lead this State in paths of justice and abundance for all 
the people. Amen." 

Senator Lawing for the Rules and Operation of the Senate Committee announces that 
the Journal of Friday, July 22, 1983, has been examined and is found to be correct. On his 
motion, the Senate dispenses with the reading of the Journal and it stands approved as 
written. 

The President grants leaves of absence to Senators Childers for June 7 - 15, Barnes of 
Forsyth for today and tomorrow, and Soles, indefinitely, for medical reasons. 

The President directs the Reading Clerk to read the following document relative to the 
appointment of Dr. Phillip W. Taylor to fill the vacancy created by the death of Senator 
Julian R. Allsbrook on May 15, 1984. 

STATE OF NORTH CAROLINA 

James B. Hunt, Jr. 
Governor 

WHEREAS, the Honorable Juhan R. Allsbrook, elected Senator of the 6th Senatorial 
District, 1983 General Assembly, is now deceased, and 

WHEREAS, the provision of General Statutes 163-11 requires that the vacancy cre- 
ated by the death of the Honorable Julian R. Allsbrook be filled by appointment of the 
person selected by the District Executive Committee of the Democratic Party of the 6th 
Senatorial District, and 

WHEREAS, the Executive Committee of the Democratic Party of the 6th Senatorial 
District has notified me of the selection of Phillip W. Taylor, Littleton, North Carohna, to 
fill said vacancy, 



June 7, 1984 



6 SENATE JOURNAL [Second Session 

I do by these presents appoint 

PHILLIP W. TAYLOR 

as a member of the 

NORTH CAROLINA SENATE 

, 1983 General Assembly 

IN WITNESS WHEREOF, I have hereunto signed my name and affixed the Great 
Seal of the State at the Capitol in the City of Raleigh, this 7th day of June, in the year of 
our Lord, One Thousand Nine Hundred Eighty-Four. 

S/ James B. Hunt, Jr. 
S/ Thad EuRE ' Governor of North Carolina 

Secretary of State , . ■ ,.. .„ (SEAL) .; , ■- , ,. v,. 

The President directs the Senator-appointee to approach the dais where he takes and 
subscribes to the following oath of office, which is administered by the Honorable James 
C. Green. , ,... ^^ .., , ^ .^^ , ,., ^, ^^^:,.,-,. -,'^. ..-f.t 

OATH OF OFFICE OF PHILLIP W. TAYLOR 

"I, Phillip W. Taylor, do solemnly swear that I will support and maintain the Constitu- 
tion and laws of the United States, and I do solemnly and sincerely swear that I will be 
faithful and bear true allegiance to the State of North CaroHna and to the constitutional 
powers and authorities which are or may be established for the government thereof; and 
that I will endeavor to support, maintain, and defend the Constitution of the United 
States, to the best of my knowledge and ability; and I do solemnly and sincerely swear that 
I will faithfully discharge the duties of Senator of the Senate of the 1983 North Carolina 
General Assembly according to the best of my skill and ability, according to law; so help 
me, God." 

Oath administered June 7, 1984. , ' ' ' ■*''^ 

Sworn to and subscribed before me ^ 

this 7th day of June, 1984. 

S/ James C. Green , v ;. „ •is-..;- :.. ;f, -i: , n^ 

Lieutenant Governor 

COMMITTEE APPOINTMENTS 

The President appoints Senator Philhp W. Taylor to serve on the following Standing 
Committees: Judiciary I, Vice Chairman; Public Utilities and Energy, Appropria- 
tions, Appropriations/General Government; Base Budget, Human Resources, Rules 
and Operation of the Senate, Ways and Means. 

The President appoints Senator Jenkins to serve as Chairman of Judiciary I due to the 
vacancy created by the death of Senator Allsbrook. 

, , INTRODUCTION OF BILLS AND RESOLUTIONS 

Without objection, the Chair declares Rule 40 relative to the filing of bills for introduc- 
tion suspended for today. 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

June 7, 1984 



1984] SENATE JOURNAL 7 

By Senators White, Alford, Allred, Barnes of Wayne, Daniels, Davis, Edwards of 
Guilford, Edwards of Caldwell, Gray, Guy, Harris of Mecklenburg, Harris of Cleveland, 
Jenkins, Johnson, Jordan, Kincaid, Lawing, Martin, Marvin, Pamell, Rand, Royall, 
Speed, Swain, Tally, Taylor, Thomas of Craven, Tison, Walker, Ward, Warren, Winner 
and Woodard: 

S. J. R. 702, a joint resolution honoring the hfe and memory of Senator JuHan R. 
Allsbrook. 
Referred to Rules and Operation of the Senate Committee. 

By Senators Hardison and Royall: 

S. B. 703, a bill to modify current operations and capital improvements appropriations 
for North Carohna State Government for the 1984-85 Fiscal Year and to make other 
changes in the budget operation of the State. 

Referred to Appropriations Committee. 

By Senator Daniels: 

S. B. 704, a bill to schedule the nonpartisan municipal election in the City of EUzabeth 
City for Mayor and for members of the City Council not conducted in 1983 due to delay 
caused by submissions to the United States Department of Justice. 

On motion of Senator Daniels, the rules are suspended (electronically recorded) and the 
bill is placed before the Senate for immediate consideration. 

The bill passes its second and third readings and is ordered, without objection, sent to 
the House of Representatives by special messenger. 

By Senator Hipps: 

S. J. R. 705, a joint resolution authorizing consideration of a bill vahdating sanitary 
district actions. 

Referred to Special Ways and Means Committee. 

By Senator Edwards of Caldwell: 

S. B. 706, a bill to permit interstate banking in North Carolina on a reciprocal basis. 
Referred to Special Ways and Means Committee. 

By Senators Edwards of Caldwell and Kincaid: 

S. B. 707, a bill to appropriate funds for the restoration of the North Carolina monument 
at the Battlefield of Gettysburg, Pennsylvania. 
Referred to Appropriations Committee. 

By Senator Edwards of Caldwell: 

S. B. 708, a bill to appropriate funds for a Burke County Forestry Headquarters. 
Referred to Appropriations Committee, 

By Senator Duncan: 

S. B. 709, a bill regarding the transfer of the Stoneville School District to the Madison- 
Mayodan City School Administrative Unit; providing for the continued employment of 
career teachers presently employed by the Rockingham County School Administrative 
Unit and assigned to the Stoneville School District; changing the name of the "Madison- 
Mayodan City School Administrative Unit" to the "Western Rockingham City School 

June 7, 1984 



8 SENATE JOURNAL [Second Session 

Administrative Unit;" changing the name of the "Madison-May odan City Board of Educa- 
tion" to the "Western Rockingham City Board of Education;" providing for the election of 
members of the Western Rockingham City Board of Education; estabhshing the term of 
office of the members of the Western Rockingham City Board of Education. 

On motion of Senator Duncan, the rules are suspended (electronically recorded) and the 
bill is placed before the Senate for immediate consideration. 

The bill passes its second and third readings and is ordered, without objection, sent to 
the House of Representatives by special messenger. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

H. B. 1405, a bill to allow a court to reform interests in property that violate the rule 
against perpetuities, as amended, with pending amendment No. 2. 

On motion of Senator Johnson, consideration of the bill is postponed until Tuesday, 
June 12. 

The President recognizes the following pages serving in the Senate this week: Millie 
Eubanks, Kinston; Robert Kinsey, La Grange; Barbara Ann Hawkins, Beaufort; Whitney 
King, Ash; Jim Parrot, Raleigh; Amy Rosenburg, Cherryville; Patrick Allen, Kerners- 
ville; Anthony Ross, Reidsville; Natalie Turner, Kings Mountain; Sheldon Adams, Black 
Mountain; and Lawrence Moore, Durham. 

The President directs the Reading Clerk to read the following letter: 

North Carolina House of Representatives 
Liston B. Ramsey, Speaker 
,..,• Raleigh 27611 

. , May 25, 1984 

The Honorable James C. Green 

Lieutenant Governor of North Carolina 

Legislative Office Building ,, , ; .rv.'.f . ., 

Raleigh, North Carolina 27611 .! ' : :. ^ / .• 

Dear Lieutenant Governor Green: 

I am pleased to invite you and the Members of the North CaroHna Senate to sit in Joint 
Session on Thursday, June 7, 1984, at 12:30 P.M. in the Chambers of the North Carolina 
House of Representatives to receive the budgetary message of The Honorable James B. 
Hunt, Jr. , Governor of North Carolina. 

Sincerely yours, 

S/ Liston B. Ramsey 

On motion of Senator Lawing, the Senate accepts the invitation issued by the Presi- 
dent, and on his further motion, the message of the Governor is ordered printed in the 
Appendix of the Journal. The President appoints the following members of the Senate to 
escort the Governor: Senators Harris of Cleveland, Chairman; Daniels, Swain and White. 

A message is ordered sent to the House of Representatives informing that Honorable 
Body of such action. 



June 7, 1984 



1984] SENATE JOURNAL 9 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

House of Representatives 
June 6, 1984 

Mr. President: 

It is ordered that a message be sent your Honorable Body with the information that 
pursuant to invitation issued to the Senate, the House of Representatives stands ready to 
receive the Senate in Joint Session to hear the budgetary message of the Governor. 

The Speaker appoints Representatives Barbee, Fenner, Matthews, and Mavretic as 
escorts to greet and escort the Governor to the Joint Session. 

Respectfully, 

S/ Grace Collins 

Principal Clerk 

The President orders a special message sent to the House of Representatives informing 
that Honorable Body that the Senate stands ready to repair to the Hall of the House, there 
to meet with that Honorable Body for the purpose of receiving the Governor's budgetary 
message. 

Upon motion of Senator Lawing, seconded by Senator Rauch, the Senate recesses to 
meet with the House of Representatives for the purpose of receiving the Governor's 
budgetary message and upon adjournment of the Joint Meeting, to stand adjourned to 
meet tomorrow at 10:00 A.M. 

JOINT MEETING 

The Senate is received by the members of the House of Representatives standing, and 
the Joint Meeting is called to Order by the Honorable James C. Green, Lieutenant 
Governor. 

The President of the Senate extends courtesies of the floor to the family and friends of 
Governor James B. Hunt, Jr. 

The President of the Senate recognizes the Sergeant-at-Arms of the House of Repre- 
sentatives who announces the presence of His Excellency, Governor James B. Hunt, Jr. 

The President of the Senate presents Governor Hunt, who delivers the budgetary 
address. (Pursuant to motion offered by Senator Lawing, the text of the address appears 
in the Appendix.) 

On motion of Senator Lawing, the Joint Meeting is adjourned, and pursuant to motion 
heretofore made, the Senate adjourns to meet tomorrow at 10:00 A.M. 



June 7, 1984 



10 SENATE JOURNAL [Second Session 

ONE HUNDRED THIRTY-NINTH DAY 

Senate Chamber, 
Friday, June 8, 1984. 

The Senate meets pursuant to adjournment, and is called to order by the Honorable 
James C. Green, Lieutenant Governor. 

Prayer is offered by the Reverend Claude Godwin, Senate Chaplain, as follows: 

"It seems that we just got here. Lord, and it's time to go home. However, we are 
thankful for times of rest and refreshment, and for the cycles of life that keep us from 
becoming bored or overtired. Help us to use the weekend ahead for activities and 
thoughtful meditation that we renew and refresh us for another week of work. As we take 
care of our own minds and bodies, help us to keep in our hearts and minds our sisters and 
brothers for whom work is not meaningful. Help us to work toward that day when all Your 
people can engage in the kind of work that not only rewards their pocketbooks, but 
nurtures their soul as well. Now bless and keep us in the days ahead for the work You have 
called us to do. Amen." 

Senator Lawing for the Rules and Operation of the Senate Committee announces that 
the Journal of yesterday has been examined and is found to be correct. On his motion, the 
Senate dispenses with the reading of the Journal and it stands approved as written. 

The President grants a leave of absence to Senator Thomas of Craven for today. 
Leaves of absence granted previously to Senators Barnes of Forsyth, Childers and 
Soles are noted. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senators Rauch, Harris of Cleveland, and Marvin: 

S. B. 710, a bill to appropriate funds for a Regional Emergency Services Occupational 
Training Center at Gaston College. , ;. ,,t , . ' 

Referred to Appropriations Committee. 

By Senator Davis: 

S. B. 711, a bill to appropriate funds for the purchase, emergency stabilization and 
pre-development planning for the endangered Historic Salisbury Railroad Station. 
Referred to Appropriations Committee. 

By Senator Davis: ' .^^r.r. 

S. B. 712, a bill to provide for attachment or garnishment for ambulance liens in Rowan 
County. 

On motion of Senator Davis, the rules are suspended (electronically recorded) and the 
bill is placed before the Senate for immediate consideration. 

The bill passes its second and third readings and is ordered, without objection, sent to 
the House of Representatives by special messenger. 



June 8, 1984 



1984] SENATE JOURNAL 11 

By Senators Harris of Cleveland, Alford, and Thomas of Craven: 

S. J. R. 713, a joint resolution authorizing the 1984 Regular Session of the General 
Assembly to consider a bill to be entitled an act to allow the Department of Transportation 
to include a municipal street as part of the right-of-way when improving a State highway. 

Referred to Special Ways and Means Committee. 

By Senators Tally, Gray, Harris of Cleveland, Marvin, Rand, Ward, and Woodard: 

S. B. 714, a bill to appropriate funds to increase the level of the grants-in-aid to the 
private child-caring institutions. 

Referred to Appropriations Committee. 

On motion of Senator Lawing, seconded by Senator Harris of Cleveland the Senate 
adjourns to meet Monday at 8:00 P.M. 



ONE HUNDRED FORTIETH DAY 

Senate Chamber, 
' '" Monday, June 11, 1984. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Green, Lieutenant Governor. 

Prayer is offered by the Reverend Claude Godwin, Senate Chaplain, as follows: 

"Father, we thank You for times of rest such as the weekend we have enjoyed, and pray 
that as we begin as new week of work You will continue to lead, guide and direct the men 
and women of this Senate in the work which You have called them to do. Father, we 
confess to You that often we lose our way when seeking to find Your paths because we do 
not open ourselves to Your leadership and light. Help us to submit our wills to Yours, 
seeking not to prove how brilliant we can be; but allowing ourselves to become a channel 
for the wisdom, the goodness, the mercy that flow from Your Being." 

Senator Royall for the Rules and Operation of the Senate Committee announces that 
the Journal of Friday has been examined and is found to be correct. On his motion, the 
Senate dispenses with the reading of the Journal and it stands approved as written. 

The President grants a leave of absence to Senator Lawing for today. 

Leaves of absence granted previously to Senators Childers and Soles are noted. 

The President grants courtesies of the floor to Joe B. Raynor, former Senator from 
Cumberland County. 

The President recognizes the following pages serving in the Senate this week: Sheldon 
Marc Adams, Black Mountain; Patrick Martin Allen, Kernersville; Jennifer Ann Beam, 
Raleigh; Thomas Edward Beaman, Wilson; Margo Carr, Raleigh; MeUssa S. Clark, 
Brevard; Hallock Marie Cooper, Morehead; Nicole Dailey, Raleigh; Christopher Denn- 
ing, Raleigh; Millie Eubanks, Kinston; Barbara Ann Hawkins, Beaufort; Ross Jenkins, 
Kannapolis; Whitney King, Ash; Robert Earl Kinsey, La Grange; Lawrence Carlton 



June 11, 1984 



12 SENATE JOURNAL [Second Session 

Moore III, Durham; Lee Anthony Morgan, Raleigh; James Marion Parrott, Raleigh; 
Katherine Charlene Pysher, Raleigh; Amy Rosenberg, Cherryville; Tony Ross, Reids- 
ville; George Rouse III, Raleigh; Michael Wayne Russell, Butner; David J. SulUvan, 
Princeton: Billy Sumner, Kannapolis; Ruth Daniel Tanner, Washington; Marybeth Tor- 
bet, Charlotte and NataUe Elizabeth Turner, Kings Mountain. 

COMMITTEE APPOINTMENT J 

The President announces the following committee appointment: 

SPECIAL WAYS AND MEANS COMMITTEE: Senator Conrad Duncan is added as a 
member. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

S. B. 704, an act to schedule the nonpartisan municipal election in the City of Elizabeth 
City for Mayor and for members of the City Council not conducted in 1983 due to delay 
caused by submissions to the United States Department of Justice. (Ch. 930) 

S. B. 709, an act regarding the transfer of the Stoneville School District to the 
Madison-Mayodan City School Administrative Unit; providing for the continued employ- 
ment of career teachers presently employed by the Rockingham County School Adminis- 
trative Unit and assigned to the Stoneville School District; changing the name of the 
"Madison-Mayodan City School Administrative Unit" to the "Western Rockingham City 
School Administrative Unit;" changing the name of the "Madison-Mayodan City Board of 
Education" to the "Western Rockingham City Board of Education;" providing for the 
election of members of the Western Rockingham City Board of Education; establishing 
the term of office of the members of the Western Rockingham City Board of Education. 
(Ch. 931) - ■ . : - 

INTRODUCTION OF BILLS AND RESOLUTIONS . 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senators Alford, Daniels, Guy, Harrington, Harris of Cleveland, Parnell, Speed, 
Taylor, Thomas of Craven, and White: 

S. B. 715, a bill to appropriate funds for the Eastern North Carolina School for the Deaf 
in Wilson. 

Referred to Appropriations Committee. 3 , 

By Senators Thomas of Henderson and Hipps: 

S. B. 716, a bill to appropriate funds for the North Carolina State University Mountain 

Horticultural Crops Research Station and Extension Center at Fletcher, North Carolina. 

Referred to Appropriations Committee. ^ 

By Senators Thomas of Henderson, Hipps, and Marion: 

S. R. 717, a Senate resolution to honor the Fiftieth Anniversary of the Great Smoky 



June 11, 1984 



1984] SENATE JOURNAL 13 

Mountains National Park, and honoring Franklin D. Roosevelt for his role in establishing 
the Park. 

On motion of Senator Thomas of Henderson, the rules are suspended (electronically 
recorded) and the Senate Resolution is placed before the Senate for immediate considera- 
tion. 

On motion of Senator Thomas of Henderson, the Senate Resolution is adopted (elec- 
tronically recorded). (The text of this Resolution appears in the Appendix.) 

By Senators Thomas of Henderson and Hipps: 

S. B. 718, a bill making appropriations to the North Carolina Apple Festival. 
Referred to Appropriations Committee. 

By Senators Harris of Cleveland, Rauch, and Marvin: 

S. B. 719, a bill to establish the term of office for school board members for Kings 
Mountain City Schools as four years. 

On motion of Senator Harris of Cleveland, the rules are suspended (electronically 
recorded) and the bill is placed before the Senate for immediate consideration. 

The bill passes its second and third readings and is ordered, without objection, sent to 
the House of Representatives by special messenger. 

By Senators Harris of Cleveland, Marvin, and Rauch: 

S. B. 720, a bill to provide funds for the Cleveland County Adult Developmental 
Activity Program. 

Referred to Appropriations Committee. 

By Senator Kincaid: 

S. J. R. 721, a joint resolution authorizing the 1984 Regular Session of the General 
Assembly to consider a bill to be entitled an act to change the method of determining the 
sales price of a motor vehicle in a casual sale. 

Referred to Rules and Operation of the Senate Committee. 

By Senator Ballenger: 

S. B. 722, a bill to appropriate funds to continue restoration of the Murray's Mill 
Complex in Catawba County. 
Referred to Appropriations Committee. 

By Senator Jenkins: 

S. B. 723, a bill to provide for the central filing of security interests in crops. 
Referred to Special Ways and Means Committee. 

By Senators Ward, Royall, Hardison, and Harris of Cleveland: 

S. B. 724, a bill to effect several provisions to improve the quality, reduce the overall 
costs and provide insurance coverage for the treatment of chemical dependency. 
Referred to Appropriations Committee. 

By Senators Marvin, Rauch, and Harris of Cleveland: 

S. B. 725, a bill to amend the Gastonia Firemen's Supplementary Pension Fund. 
Referred to Pensions and Retirement Committee. 



June 11, 1984 



14 SENATE JOURNAL [Second Session 

By Senators Staton, Edwards of Caldwell, and Swain: 

S. B. 726, a bill to change the method of determining the sales price of a motor vehicle in 
a casual sale and eliminate the requirement that the sales price of a motor vehicle in a 
casual sale be based on the book value of the vehicle. 

Referred to Finance Committee. 

By Senators Johnson, Hancock, Royall, Staton, Winner, and Woodard: 

S. R. 727, a Senate resolution urging the United States Olympic Committee to hold the 
National Sports Festival in North Carolina in either 1986 or 1987. 

On motion of Senator Woodard, the rules are suspended (electronically recorded) and 
the Senate Resolution is placed before the Senate for immediate consideration. 

On motion of Senator Woodard, the Senate Resolution is adopted (electronically re- 
corded). (The text of this Resolution appears in the Appendix.) 

On motion of Senator Royall, seconded by Senator Duncan, the Senate adjourns to meet 
tomorrow at 11:00 A.M. 



ONE HUNDRED FORTY-FIRST DAY 

Senate Chamber, 
" Tuesday, June 12, 1984. ; v: 

The Senate meets pursuant to adjournment, and is called to order by the Honorable 
James C. Green, Lieutenant Governor. 

Prayer is offered by the Reverend Claude Godwin, Senate Chaplain, as follows: 

"God of Peace: You created us for life together on this planet, forming one man and 
woman from whom all others have sprung. Related to each other by both blood and the 
Spirit, we still find that sharing common roots does not keep us from fighting. Like 
children quarrelling over their toys, we contend with each other for earth, water and sky. 
Help us. Father, to become mature in our dealings with each other. Help us to put aside 
differences based on race, reUgion, nationhood and economics. Grant us the wisdom to 
recognize that which is unique in each person; to celebrate the diversity which gives 
meaning and pattern to life; and to spend our time working together for the common good 
of all people rather than seeking to advance our own fortunes and the expense of sisters 
and brothers. Amen." 

Senator Lawing for the Rules and Operation of the Senate Committee announces that 
the Journal of yesterday has been examined and is found to be correct. On his motion, the 
Senate dispenses with the reading of the Journal and it stands approved as written. 

The President grants a leave of absence to Senator Hancock for today. 
Leaves of absence granted previously to Senators Childers and Soles are noted. 

The President grants courtesies of the gallery to Hugh Sandlin, former member of the 
House of Representatives. . , 



June 12, 1984 



1984] SENATE JOURNAL 15 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing and select committees, read by their 
titles, together with the reports accompanying them, and take their place on the Calen- 
dar, as follows: 

By Senator Swain for the Special Ways and Means Committee: 

S. J. R. 713, a joint resolution authorizing the 1984 Regular Session of the General 
Assembly to consider a bill to be entitled an act to allow the Department of Transportation 
to include a municipal street as part of the right-of-way when improving a State highway, 
with a favorable report. 

On motion of Senator Swain, the rules are suspended (electronically recorded) and the 
joint resolution is placed before the Senate for immediate consideration. 

The joint resolution passes its second (electronically recorded) and third readings and is 
ordered, without objection, sent to the House of Representatives by special messenger. 

H. B. 385 (Committee Substitute), a bill authorizing a court to order procurement of a 
proper license, with an unfavorable report. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senators Winner and Hipps: 

S. B. 728, a bill to reduce the fee rate for administration of estates. 
Referred to Finance Committee. 

By Senators Jenkins, Edwards of Caldwell, Edwards of Guilford, and Guy: 

S. B. 729, a bill to appropriate funds to the office of the Secretary of State to implement 
a system for the central filing of security interests in certain farm products. 
Referred to Appropriations Committee. 

By Senators Hunt, Barnes of Wayne, Duncan, Edwards of Guilford, Edwards of 
Caldwell, Gray, Guy, Hancock, Harrington, Hipps, Johnson, Jordan, Marion, Martin, 
Rand, Ranch, Royall, Staton, Tally, Thomas of Craven, Thomas of Henderson, Walker, 
Ward, and Woodard: 

S. J. R. 730, a joint resolution urging that women and racial minority citizens be 
appointed to State boards, commissions, and councils in numbers proportionate to their 
population in the State. 

Referred to Rules and Operation of the Senate Committee. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

H. B. 1405, a bill to allow a court to reform interests in property that violate the rule 
against perpetuities, as amended, with pending amendment No. 2. 
On motion of Senator Staton, Amendment No. 2 is withdrawn. 
Senator Johnson offers Amendment No. 3, which is adopted (electronically recorded). 



June 12. 1984 



16 SENATE JOURNAL [Second Session 

On motion of Senator Barnes of Wayne, seconded by Senator Johnson, the bill, as 
amended, is tabled (electronically recorded). 

On motion of Senator Lawing, seconded by Senator Taylor, the Senate adjourns to meet 
tomorrow at 12:00 M. 



ONE HUNDRED FORTY-SECOND DAY 

Senate Chamber, 
; Wednesday, June 13, 1984. -:. 

The Senate meets pursuant to adjournment, and is called to order by the Honorable 
James C. Green, Lieutenant Governor. 

Prayer is offered by the Reverend Claude Godwin, Senate Chaplain, as follows: 

"God of mercy: In mercy You spread good gifts before us; more than we need or 
deserve. You feed, heal, teach and save us. Help us to respond to Your goodness by 
sharing the bounty of Your love with sisters and brothers who are in need. Remind us 
daily that You have taught us that whom much is given, much shall be expected. May the 
richness of our abundance not be an occasion for indulgence in our every whim, but teach 
us to use what You have given us for the good of Your creation. Especially we ask the 
blessing of Your Spirit upon the men and women of this Senate as they seek to find and do 
Your will. As You give them wisdom, courage, insight, and a yearning for justice, help 
them to use these gifts for the good of the people — seeking not their own reward, but 
rejoicing when others are blessed. Amen," 

Senator Lawing for the Rules and Operation of the Senate Committee announces that 
the Journal of yesterday has been examined and is found to be correct. On his motion, the 
Senate dispenses with the reading of the Journal and it stands approved as written. 

Leaves of absence granted previously to Senators Soles and Childers are noted. 
Senator Duncan is noted present for a portion of today's session. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are prsented to the Senate, 
read the first time, and disposed of as follows: 

By Senator Ranch and Hunt: ' 

S. B. 731, a bill to provide an additional tax exemption for parents of individuals with 
cystic fibrosis. 

Referred to Finance Committee. 

By Senator Parnell: 

S. B. 732, a bill to revise the Charter of the Town of Orrum. 

On motion of Senator Parnell, the rules are suspended (electronically recorded) and the 
bill is placed on the Calendar for tomorrow, upon second reading. 



June 13, 1984 



1984] SENATE JOURNAL 17 

By Senators Rauch, Duncan, Edwards of Guilford, Gray, Guy, Harris of Mecklenburg, 
Harris of Cleveland, Marvin, Tison, Walker, Warren, and Wright: 

S. B. 733, a bill to create a State General Fund Bond Sinking Fund for the purpose of 
retiring the principal and interest of State General Fund bonds and to provide the 
necessary moneys therefor. 

Referred to Finance Committee. 

By Senators Thomas of Craven and Sv^ain: 

S. B. 734, a bill to create the North Carolina Hazardous Waste Treatment Commission. 
Referred to Special Ways and Means Committee. 

RE-REFERRALS 

H. B. 385 (Committee Substitute), a bill authorizing a court to order procurement of a 
proper license. 

On motion of Senator Royall the Committee Substitute bill is removed from the table 
(electronically recorded) and recommitted to the Special Ways and Means Committee. 

H. B. 790, a bill to permit enforcement of ahmony judgments while on appeal. 
Without objection, the bill is taken from the Judiciary II Committee and re-referred to 
the Special Ways and Means Committee. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing and select committees, read by their 
titles, together with the reports accompanying them, and take their place on the Calen- 
dar, as follows: 

By Senator Swain for the Special Ways and Means Committee: 

S. J. R. 705, a joint resolution authorizing consideration of a bill validating sanitary 
district actions, with a favorable report. 

On motion of Senator Lawing, seconded by Senator White, the Senate adjourns to meet 
tomorrow at 12:00 M. 



ONE HUNDRED FORTY-THIRD DAY 

Senate Chamber, 
Thursday, June 14, 1984. 

The Senate meets pursuant to adjournment, and is called to order by the Honorable 
James C. Green, Lieutenant Governor. 

Prayer is offered by John D. McLeod, Jr., General Secretary of the Presbyterian 
Synod of North Carolina, as follows: 

"Creator God, Whose presence is known in our moral sensitivity, let there be in this 
assembly today the awareness of justice and of injustice, of power and of weakness, of 



June 14, 1984 



18 SENATE JOURNAL [Second Session 

truth and of falsehood, of fairness and of ill-treatment, so that Your people here may have 
the wisdom to distinguish the things that differ and choose the things that are right. 
"To this we commit ourselves and ask Your continuing help. Amen." 

Senator Lawing for the Rules and Operation of the Senate Committee announces that 
the Journal of yesterday has been examined and is found to be correct. On his motion, the 
Senate dispenses with the reading of the Journal and it stands approved as written. 

The President grants leaves of absence to Senators Harris of Mecklenburg, Allred, and 
Wright for today and to Senators Guy, Ballenger, Wright, and Harris of Mecklenburg for 
tomorrow. 

Leaves of absence granted previously to Senators Soles and Childers are noted. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing and select committees, read by their 
titles, together with the reports accompanying them, and take their place on the Calen- 
dar, as follows: 

By Senator Swain for the Special Ways and Means Committee: 

S. B. 723, a bill to provide for the central filing of security interests in crops, with a 
favorable report, as amended. ,^ 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senator Parnell: 

S. B. 735, a bill to amend the Charter of the City of Lumberton relating to uptown 
development projects. 

On motion of Senator Parnell, the rules are suspended (electronically recorded) and the 
bill is placed on the Calendar for tomorrow, upon second reading. 

By Senator Hipps: 

S. B. 736, a bill to appropriate funds for the Great Smoky Mountains Heritage Festival. 
Referred to Appropriations Committee. 

By Senators Lawing and Edwards of Caldwell: 

S. B. 737, a bill to provide a sales tax exemption for legal tender and precious metal 
bullion. 
Referred to Finance Committee. 

By Senators Marvin, Harris of Cleveland, and Rauch: : :, • S' 

S. B. 738, a bill to lease certain property for a period of ninety-nine years. 

On motion of Senator Marvin, the rules are suspended (electronically recorded) and the 
bill is placed before the Senate for immediate consideration. 

The bill passes its second and third readings and is ordered, without objection, sent to 
the House of Representatives by special messenger. 



June 14, 1984 



1984] SENATE JOURNAL 19 

By Senator Guy: 

S. B. 739, a bill to annex certain property to the City of Jacksonville. 
On motion of Senator Guy, the rules are suspended (electronically recorded) and the bill 
is placed on the Calendar for tomorrow, upon second reading. 

By Senators Lawing and Rand: 

S. B. 740, a bill to extend the freeze on the issuance of certificates of need for new 
intermediate care facility beds for the mentally retarded. 
Referred to Rules and Operation of the Senate Committee. 

By Senators Lawing and Rand: 

S. B. 741, a bill to provide time to study the need for and the providing of services by 
home health agencies as alternatives to institutional care. 
Referred to Rules and Operation of the Senate Committee. 

By Senators Lawing and Rand: 

S. B. 742, a bill to make final agency decisions on certificates of need appealable to the 
North Carolina Court of Appeals. 
Referred to Rules and Operation of the Senate Committee. 

By Senators Lawing, Edwards of Caldwell, and Rand: 

S. B. 743, a bill to appropriate funds to the Department of Human Resources for local 
health systems agencies. 
Referred to Appropriations Committee. 

By Senators Lawing, Ballenger, Rand, and Redman: 

S. B. 744, a bill to end the moratorium on nursing home construction. 
Referred to Rules and Operation of the Senate Committee. 

By Senators Gray, Hardison, Harrington, Harris of Cleveland, Hunt, Jordan, Marvin, 
Rand, Royall, Tally, Walker, Ward, Warren, and White. 

S. B. 745, a bill to clarify the confidentiality requirements in the declaration of domicil- 
iary home residents' rights. 
Referred to Special Ways and Means Committee. 

By Senators Gray, Harrington, Harris of Cleveland, Hunt, Marvin, Rand, Tally, 
Walker, Ward, and Warren: 

S. B. 746, a bill to increase the income and property limits for the homestead exemption 
and to offset the resulting revenue loss by increasing the percentage of the homestead 
exemption for which counties and cities are reimbursed. 

Referred to Finance Committee. 

By Senators Gray, Edwards of Caldwell, Harrington, Harris of Cleveland, Hunt, 
Jordan, Marvin, Rand, Royall, Tally, Walker, Ward, Warren, and White: 

S. B. 747, a bill to provide funds for senior citizens' centers. 
Referred to Appropriations Committee. 



June 14, 1984 



20 SENATE JOURNAL [Second Session 

By Senators Gray, Harrington, Harris of Cleveland, Hunt, Jordan, Marvin, Rand, 
Royall, Tally, Walker, Ward, Warren and White: 

S. B. 748, a bill to provide funds for the State Adult Day Care Program, 
Referred to Appropriations Committee. 

By Senators Rauch, Marvin, and Harris of Cleveland: 

S. B. 749, a bill to appropriate funds for the Schiele Museum in Gastonia. 
Referred to Appropriations Committee. 

By Senators Lawing, Alford, Ballenger, Duncan, Edwards of Caldwell, Guy, Hardison, 
Harris of Cleveland, Harris of Mecklenburg, Hipps, Hunt, Jenkins, Marion, Parnell, 
Rauch, Redman, Royall, Speed, Taylor, Thomas of Craven, Thomas of Henderson, Tison, 
Walker, and Ward: 

S. B. 750, a bill to phase out over a five-year period the tax on intangible personal 
property that is now classified and taxed at specific rates, and to provide funds to partially 
compensate local governments for the revenue loss. 

Referred to Finance Committee. ? ^s * 

By Senators Woodard and Staton: . • 

S. B. 751, a bill to appropriate funds for capital improvements for the Adolescent 
Treatment Program at Dorothea Dix Hospital. 
Referred to Appropriations Committee. 

By Senator Rauch: 

S. B. 752, a bill to limit the power of eminent domain which may be exercised by the 
Gastonia Airport Authority. 

On motion of Senator Rauch, the rules are suspended (electronically recorded) and the 
bill is placed before the Senate for immediate consideration. 

The bill passes its second and third readings and is ordered, without objection, sent to 
the House of Representatives by special messenger. 

By Senators Rauch, Ballenger, Harris of Mecklenburg, Kincaid, Marvin, Redman, and 
Wright: 

S. B. 753, a bill to repeal the tax on intangible personal property that is now classified 
and taxed at specific rates, and to partially reimburse local governments for the resulting 
revenue loss. 

Referred to Finance Committee. 

■• 
By Senators Rand and Tally: 

S. B. 754, a bill to appropriate funds for a Fayetteville municipal farmers market. 
Referred to Appropriations Committee. • ^o 

By Senators Warren, Alford, Ballenger, Barnes of Wayne, Barnes of Forsyth, Davis, 
Duncan, Edwards of Guilford, Edwards of Caldwell, Gray, Hancock, Hardison, Harring- 
ton, Harris of Mecklenburg, Harris of Cleveland, Hipps, Kincaid, Martin, Marvin, Par- 
nell, Plyler, Rand, Rauch, Redman, Speed, Staton, Tally, Taylor, Thomas of Craven, 
Thomas of Henderson, Tison, Walker, White, Winner, and Woodard: 



June 14, 1984 



1984] SENATE JOURNAL 21 

S. J. R. 755, a joint resolution calling on the Senate and the House of Representatives of 
the 1985 General Assembly to sit as committees of the whole for twenty legislative days 
for the purpose of considering various proposals relating to education in North Carolina. 

Referred to Special Ways and Means Committee. 

By Senators Thomas of Henderson and Hipps: 

S. B. 756, a bill to regulate road hunting in Henderson County. 

On motion of Senator Thomas of Henderson, the rules are suspended (electronically 
recorded) and the bill is placed before the Senate for immediate consideration. 

The bill passes its second and third readings and is ordered, without objection, sent to 
the House of Representatives by special messenger. 

By Senator Barnes of Wayne: 

S. B. 757, a bill to permit disposition of redeveloped properties by the City of Goldsboro 
on a basis other than the highest monetary bid where such disposition is found to serve the 
best interest of the City and to dispose of the property at private sale. 

On motion of Senator Barnes of Wayne, the rules are suspended (electronically re- 
corded) and the bill is placed before the Senate for immediate consideration. 

The bill passes its second and third readings and is ordered, without objection, sent to 
the House of Representatives by special messenger. 

By Senators Royall, Hardison, Johnson, Jordan, Rand, Staton, Walker, and Woodard: 

S. B. 758, a bill to create a public employee supplemental income retirement plan. 
Referred to Pensions and Retirement Committee. 

By Senators Walker and Hunt: 

S. B. 759, a bill to revise and consolidate the Charter of the Town of Franklinville and to 
repeal prior local acts. 

On motion of Senator Walker, the rules are suspended (electronically recorded) and the 
bill is placed on the Calendar for tomorrow, upon second reading. 

By Senator Walker: 

S. B. 760, a bill concerning economic development projects of the Town of Liberty. 
On motion of Senator Walker, the rules are suspended (electronically recorded) and the 
bill is placed on the Calendar for tomorrow, upon second reading. 

By Senator Speed: 

S. B. 761, a bill exempting from certain of the provisions of Article 12, Chapter 160A, of 
the General Statutes, dealing with local governments' sale and disposition of property, the 
County of Franklin. 

Referred to Special Ways and Means Committee. 

By Senators Hancock and Royall: 

S. B. 762, a bill to allow the Durham City Board of Education to pay its ten-month 
employees on or before the fifteenth of each month. 

On motion of Senator Hancock, the rules are suspended (electronically recorded) and 
the bill is placed before the Senate for immediate consideration. 



June 14, 1984 



22 SENATE JOURNAL [Second Session 

The bill passes its second and third readings and is ordered, without objection, sent to 
the House of Representatives by special messenger. 

By Senators Hancock and Royall: 

S. B. 763, a bill to permit a district board of health to be composed of at least fifteen but 
no more than eighteen members. 
Referred to Special Ways and Means Committee. i;: h ? 

By Senators Duncan, Gray, Hancock, Hardison, Johnson, Jordan, Marion, Marvin, 
Plyler, Rauch, Royall, Tally, Thomas of Craven, Walker, Ward, Warren, and Woodard: 

S. B. 766, a bill to rename State Highway 704 as the "Wesley D. Webster Highway". 

On motion of Senator Duncan, the rules are suspended (electronically recorded) to allow 
introduction, and on his further motion the bill is placed on the calendar for immediate 
consideration. 

The bill passes its second (electronically recorded) and third readings and is ordered, 
without objection, sent to the House of Representatives by special messenger. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 

H. B. 1483, a bill regarding refunds of tax paid on gasohol and other alcohol fuels. 
Referred to Finance Committee. 

H. B. 1494, a bill to incorporate the Walkertown Sanitary District into a municipality to 
be known as the Town of Walkertown, and to simultaneously dissolve the Walkertown 
Sanitary District, subject to a referendum. 

On motion of Senator Edwards of Guilford, the rules are suspended (electronically 
recorded) and the bill is placed on the Calendar for tomorrow, upon second reading. 

H. J. R. 1509, a joint resolution authorizing the 1984 Regular Session of the General 
Assembly to consider "A bill to be entitled an act to make technical changes to the Safe 
Roads Act." 

On motion of Senator Barnes of Wayne, the rules are suspended (electronically re- 
corded) and the joint resolution is placed before the Senate for immediate consideration. 

The joint resolution passes its second (electronically recorded) and third readings and is 
ordered enrolled. 

H. B. 1523, a bill to vaUdate the failure of Cabarrus County to collect a fire district tax in 
that portion of the Harrisburg Fire Protection District located in the corporate limits of 
the Town of Harrisburg. 

On motion of Senator Jenkins, the rules are suspended (electronically recorded) and the 
bill is placed on the Calendar for tomorrow, upon second reading. 

H. B. 1582, a bill to reschedule the 1984 primary election for Person County which was 
not conducted due to delay caused by submissions under the Voting Rights Act of 1965. 

On motion of Senator Royall, the rules are suspended (electronically recorded) and the 
bill is placed before the Senate for immediate consideration. 

The bill passes its second and third readings and is ordered enrolled. 



June 14, 1984 



1984] SENATE JOURNAL 23 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

S. B. 732, a bill to revise the Charter of the Town of Orrum, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 42, noes 0, as follows: 

Voting in the affirmative: Senators Alford, Ballenger, Barnes of Wayne, Barnes of 
Forsyth, Davis, Duncan, Edwards of Guilford, Edwards of Caldwell, Gray, Guy, Han- 
cock, Hardison, Harrington, Harris of Cleveland, Hipps, Hunt, Jenkins, Johnson, Jor- 
dan, Kincaid, Lawing, Marion, Martin, Marvin, Parnell, Plyler, Rand, Rauch, Redman, 
Speed, Staton, Swain, Tally, Taylor, Thomas of Craven, Thomas of Henderson, Tison, 
Walker, Ward, White, Winner, and Woodard — 42. 

Voting in the negative: None. 

The bill remains on the Calendar upon third reading. 

S. J. R. 705, a joint resolution authorizing consideration of a bill validating sanitary 
district actions. 

The joint resolution passes its second (electronically recorded) and third readings and is 
ordered, without objection, sent to the House of Representatives by special messenger. 

On motion of Senator Lawing, seconded by Senator Jenkins, the Senate adjourns to 
meet tomorrow at 10:00 A.M. 



ONE HUNDRED FORTY-FOURTH DAY 

Senate Chamber, 
Friday, June 15, 1984. 

The Senate meets pursuant to adjournment, and is called to order by the Honorable 
James C. Green, Lieutenant Governor. 

Prayer is offered by the Reverend Sandy MacGeachey, West Raleigh Presbyterian 
Church, as follows: 

"Blessed are You, Creator of this Universe. You and only You are worthy of our trust. 
In Your design is both peace and justice. We thank You now for our hves, for the 
abundance of every day, for family and friends, but most of all in this hour for the 
responsibility of public trust that has been granted to us. We thank You that in our many 
contacts we most of all belong to You. We thank You that we are able to bring in this 
Chamber our decisions to work for You and all of Your people. We thank You that here we 
can in particular ways be fair and just with all of Your children. We thank You for the 
opportunity to speak for those who cannot speak for themselves, especially the elderly and 
the youth. Grant that we will be able to set right the mistakes of yesterday and to point 
with wisdom and vision to tomorrow. Receive our thanks, our humble gratitude, and our 
praise that on this new day we start again at the top of Your page. 

"In the name and the Spirit of Him Who made us and calls us to be His own. Amen." 

Senator Lawing for the Rules and Operation of the Senate Committee announces that 
the Journal of yesterday has been examined and is found to be correct. On his motion, the 
Senate dispenses with the reading of the Journal and it stands approved as written. 



June 15, 1984 



24 SENATE JOURNAL [Second Session 

The President grants a leave of absence for today to Senator Rauch and to Senator 
Hipps, who is speaking at the Third Annual Seminar at the UNC School of Law. 

Leaves granted previously to Senators Soles, Childers, Ballenger, and Wright are 
noted. 

Senator Guy is noted present. 

COMMITTEE APPOINTMENT 

The President announces the appointment of Senator Harris of Mecklenburg as a 
member of the Special Ways and Means Committee. 

ENROLLED BILLS 

The EnroUing Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

S. B. 712, an act to provide for attachment or garnishment for ambulance liens in Rowan 
County. (Ch. 933) 

S. B. 719, an act to estabUsh the term of office for school board members for Kings 
Mountain City Schools as four years. (Ch. 934) 

H. J. R. 1509, a joint resolution authorizing the 1984 Regular Session of the General 
Assembly to consider a bill to be entitled an act to make technical changes to the Safe 
Roads Act. (Res. 56) 

H. B. 1582, an act to reschedule the 1984 primary election for Person County which was 
not conducted due to delay caused by submissions under the Voting Rights Act of 1965. 
(Ch. 932) 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senators Warren, Alford, Ballenger, Barnes of Wayne, Barnes of Forsyth, Davis, 
Duncan, Edwards of Guilford, Edwards of Caldwell, Gray, Hancock, Hardison, Harring- 
ton, Harris of Mecklenburg, Harris of Cleveland, Hipps, Hunt, Jenkins, Jordan, Kincaid, 
Martin, Marvin, Parnell, Plyler, Rand, Rauch, Redman, Speed, Staton, Swain, Tally, 
Taylor, Thomas of Craven, Thomas of Henderson, Tison, Walker, Ward, White, and 
Winner: 

S. B. 764, a bill to appropriate funds to implement the recommendations of the Public 
Education Policy Council. 
Referred to Appropriations Committee. 

By Senators Warren, Alford, Ballenger, Barnes of Wayne, Barnes of Forsyth, Davis, 
Duncan, Edwards of Guilford, Edwards of Caldwell, Gray, Hancock, Hardison, Harris of 
Mecklenburg, Harris of Cleveland, Hipps, Hunt, Jenkins, Jordan, Kincaid, Martin, 
Marvin, Parnell, Plyler, Rand, Rauch, Redman, Speed, Staton, Tally, Taylor, Thomas of 
Craven, Thomas of Henderson, Tison, Walker, Ward, White, Winner, and Woodard: 

S. B. 765, a bill to enact the Elementary and Secondary School Reform Act of 1984. 
Referred to Special Ways and Means Committee. 



June 15, 1984 



1984] SENATE JOURNAL 25 

By Senators Marion and Duncan: 

S. B. 767, a bill to appropriate funds to the Town of Boone for restoration of the Jones 
House. 
Referred to Appropriations Committee. 

By Senators Marion and Duncan: 

S. B. 768, a bill to appropriate funds for the Laurel Springs Livestock Weighing 
Station. 
Referred to Appropriations Committee. 

By Senators Davis and Redman: 

S. B. 769, a bill to provide funds for the Tri-County Mental Health Complex, in the 
Western Region. 

Referred to Appropriations Committee. 

By Senators Duncan, Hunt, Marion, Rauch, and Walker: 

S. B. 770, a bill to amend the definition of "regional institution." 
Referred to Appropriations Committee. 

By Senators Rauch, Harris of Cleveland, and Marvin: 

S. B. 771, a bill to appropriate funds for capital improvements to the Gaston County 
Museum of Art and History in Dallas. 
Referred to Appropriations Committee. 

By Senators Duncan and Marion: 

S. J. R. 772, a joint resolution authorizing the 1984 Regular Session of the General 
Assembly to consider a bill to be entitled an act to rename State Highway 704 as the 
"Wesley D. Webster Highway". 

On motion of Senator Duncan, the rules are suspended (electronically recorded) and the 
joint resolution is placed before the Senate for immediate consideration. 

The joint resolution passes its second (electronically recorded) and third readings and is 
ordered, without objection, sent to the House of Representatives by special messenger. 

By Senator Duncan: 

S. B. 773, a bill to appropriate funds to the Western Rockingham City School Adminis- 
trative Unit. 

Referred to Appropriations Committee. 

By Senator Lawing: 

S. B. 774, a bill to make technical and clarifying changes to the certificate of need law. 
Referred to Rules and Operation of the Senate Committee. 

By Senator Lawing: 

S. B. 775, a bill to increase the limit on major medical equipment requiring a certificate 
of need and make it applicable to physicians in addition to health care facilities. 
Referred to Rules and Operation of the Senate Committee. 

By Senator Speed: 

June 15, 1984 



26 SENATE JOURNAL [Second Session 

S. B. 776, a bill to amend the law permitting temporary State employment to be 
purchased as creditable service in the Teachers' and State Employees' Retirement 
System. 

Referred to Pensions and Retirement Committee. 

By Senator Thomas of Henderson: 

S. J. R. 777, a joint resolution authorizing the 1984 Regular Session of the General 
Assembly to consider a bill to be entitled an act authorizing counties to establish cemetery 
service districts. 

Referred to Rules and Operation of the Senate Committee. 

By Senator Swain: 

S. J. R. 778, a joint resolution authorizing the 1984 Regular Session of the General 
Assembly to consider a bill to be entitled an act to provide special identification cards may 
be issued to any person twelve or older by the Division of Motor Vehicles. 

On motion of Senator Swain, the rules are suspended (electronically recorded) and the 
joint resolution is placed before the Senate for immediate consideration. 

The joint resolution passes its second (electronically recorded) and third readings and is 
ordered, without objection, sent to the House of Representatives by special messenger. 

By Senators Hipps and Thomas of Henderson: 

S. B. 779, a bill to appropriate funds to the Department of Natural Resources and 
Community Development to obtain assistance for the Town of Hazelwood in a rehabilita- 
tion program for the town water system. 

Referred to Appropriations Committee. * - ., 

By Senator Staton: 

S. J. R. 782, a joint resolution authorizing consideration of a bill relating to the theft of 
cable television services. 

On motion of Senator Staton, the rules are suspended (electronically recorded) and the 
joint resolution is placed before the Senate for immediate consideration. 

The joint resolution passes its second (electronically recorded) and third readings and is 
ordered, without objection, sent to the House of Representatives by special messenger. 

SPECIAL MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

The following special messages are received from the House of Representatives: 

H. B. 1480, a bill to exempt Cherokee County from certain procedural requirements on 
disposal of land as an industrial park. 

Referred to Special Ways and Means Committee. 

H. B. 1484, a bill to exempt from sales and use taxes component parts of and sales by 
printers of free circulation publications. 
Referred to Finance Committee. 

H. B. 1488, a bill authorizing the Secretary of Revenue to employ collection agencies to 
collect taxes due this State from taxpayers located outside the State. 
Referred to Finance Committee. 



June 15. 1984 



1984] SENATE JOURNAL 27 

H. B. 1492, a bill to allow the City of Statesville to lease certain property for a period of 
twenty-five years. 
Referred to Special Ways and Means Committee. 

H. B. 1493, a bill to allow absentee voting in Cherryville City elections. 
On motion of Senator Harris of Cleveland, the rules are suspended (electronically 
recorded), and the bill is placed before the Senate for immediate consideration. 
The bill passes its second and third readings and is ordered enrolled. 

H. B. 1498, a bill to exempt the City of Washington, Beaufort County, from the 
requirements of Article 12 of Chapter 160 A of the General Statutes in connection with the 
conveyance of certain land to the Greater Washington Chamber of Commerce. 

Referred to Special Ways and Means Committee. 

H. B. 1501, a bill to permit the County of Pitt to lease to the Children's Services of 
Eastern Carolina, Inc., certain real property near the Greenville Nursing and Con- 
valescent Home and a portion of the former Moye property, now owned by Pitt County. 

Referred to Special Ways and Means Committee. 

H. B. 1515, a bill to provide local flexibility in the financing of the Industrial- 
Agricultural Development Commission of Lenoir County. 
Referred to Special Ways and Means Committee. 

H. J. R. 1548, a joint resolution honoring the life and memory of Sam D. Bundy, a 
former member of the North Carolina General Assembly. 
Without objection, the joint resolution is placed on the Calendar for Monday, June 18. 

H. B. 1516, a bill to include an area within the corporate Hmits of the Town of Micro. 
Referred to Special Ways and Means Committee. 

H. B. 1520, a bill to repeal the statutory ban on the sale of spiritous liquors, intoxicating 
drinks, ale, beer, lager, porter, cider or bitters in the Town of Siler City. 
Referred to Special Ways and Means Committee. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

S. B. 732, a bill to revise the Charter of the Town of Orrum, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 35, noes 0, as follows: 

Voting in the affirmative: Senators Alford, Allred, Davis, Duncan, Edwards of Guil- 
ford, Edwards of Caldwell, Gray, Guy, Hardison, Harrington, Harris of Mecklenburg, 
Harris of Cleveland, Hunt, Jenkins, Jordan, Kincaid, Lawing, Marion, Martin, Marvin, 
Parnell, Plyler, Rand, Redman, Royall, Speed, Swain, Tally, Taylor, Walker, Ward, 
Warren, White, Winner, and Woodard — 35. 

Voting in the negative: None. 

The bill is ordered, without objection, sent to the House of Representatives by special 
messenger. 

S. B. 735, a bill to amend the Charter of the City of Lumberton relating to uptown 
development projects, upon second reading. 
The bill passes its second reading by roll-call vote, ayes 40, noes 0, as follows: 
Voting in the affirmative: Senators Alford, Allred, Davis, Duncan, Edwards of Guil- 
ford, Edwards of Caldwell, Gray, Guy, Hancock, Hardison, Harrington, Harris of Meck- 
lenburg, Harris of Cleveland, Hunt, Jenkins, Johnson, Jordan, Kincaid, Lawing, Marion, 

June 15, 1984 



28 SENATE JOURNAL [Second Session 

Martin, Marvin, Parnell, Plyler, Rand, Redman, Royall, Speed, Staton, Swain, Tally, 
Taylor, Thomas of Craven, Thomas of Henderson, Walker, Ward, Warren, White, 
Winner, and Woodard — 40. i ;,:{.;.. .,;. i \, / -, - : <• i- , : dj t. 

Voting in the negative: None. 

The bill remains on the Calendar upon third reading, 

S. B. 739, a bill to annex certain property to the City of Jacksonville, upon second 
reading. 

The bill passes its second reading by roll-call vote, ayes 40, noes 0, as follows: 

Voting in the affirmative: Senators Alford, Allred, Davis, Duncan, Edwards of Guil- 
ford, Edwards of Caldwell, Gray, Guy, Hancock, Hardison, Harrington, Harris of Meck- 
lenburg, Harris of Cleveland, Hunt, Jenkins, Johnson, Jordan, Kincaid, Lawing, Marion, 
Martin, Marvin, Parnell, Plyler, Rand, Redman, Royall, Speed, Staton, Swain, Tally, 
Taylor, Thomas of Craven, Thomas of Henderson, Walker, Ward, Warren, White, 
Winner, and Woodard — 40. 

Voting in the negative: None. 

The bill remains on the Calendar upon third reading. 

S. B. 759, a bill to revise and consolidate the Charter of the Town of Franklin ville and to 
repeal prior local acts, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 40, noes 0, as follows: 

Voting in the affirmative: Senators Alford, Allred, Davis, Duncan, Edwards of Guil- 
ford, Edwards of Caldwell, Gray, Guy, Hancock, Hardison, Harrington, Harris of Meck- 
lenburg, Harris of Cleveland, Hunt, Jenkins, Johnson, Jordan, Kincaid, Lawing, Marion, 
Martin, Marvin, Parnell, Plyler, Rand, Redman, Royall, Speed, Staton, Swain, Tally, 
Taylor, Thomas of Craven, Thomas of Henderson, Walker, Ward, Warren, White, 
Winner, and Woodard — 40. 

Voting in the negative: None. 

The bill remains on the Calendar upon third reading. 

S. B. 760, a bill concerning economic development projects of the Town of Liberty, upon 
second reading. 

The bill passes its second reading by roll-call vote, ayes 40, noes 0, as follows: 

Voting in the affirmative: Senators Alford, Allred, Davis, Duncan, Edwards of Guil- 
ford, Edwards of Caldwell, Gray, Guy, Hancock, Hardison, Harrington, Harris of Meck- 
lenburg, Harris of Cleveland, Hunt, Jenkins, Johnson, Jordan, Kincaid, Lawing, Marion, 
Martin, Marvin, Parnell, Plyler, Rand, Redman, Royall, Speed, Staton, Swain, Tally, 
Taylor, Thomas of Craven, Thomas of Henderson, Walker, Ward, Warren, White, 
Winner, and Woodard — 40. 

Voting in the negative: None. 

The bill remains on the Calendar upon third reading, '? 

H. B. 1494, a bill to incorporate the Walkertown Sanitary District into a municipality to 
be known as the Town of Walkertown, and to simultaneously dissolve the Walkertown 
Sanitary District, subject to referendum, upon second reading. 
The bill passes its second reading by roll-call vote, ayes 40, noes 0, as follows: 
Voting in the affirmative: Senators Alford, Allred, Davis, Duncan, Edwards of Guil- 
ford, Edwards of Caldwell, Gray, Guy, Hancock, Hardison, Harrington, Harris of Meck- 
lenburg, Harris of Cleveland, Hunt, Jenkins, Johnson, Jordan, Kincaid, Lawing, Marion, 
Martin, Marvin, Parnell, Plyler, Rand, Redman, Royall, Speed, Staton, Swain, Tally, 



June 15, 1984 



1984] : SENATE JOURNAL 29 

Taylor, Thomas of Craven, Thomas of Henderson, Walker, Ward, Warren, White, 
Winner, and Woodard — 40. 

Voting in the negative: None. 

The bill remains on the Calendar upon third reading. 

H. B. 1523, a bill to validate the failure of Cabarrus County to collect a fire district tax in 
that portion of the Harrisburg Fire Protection District located in the corporate limits of 
the Town of Harrisburg, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 40, noes 0, as follows: 

Voting in the affirmative: Senators Alford, Allred, Davis, Duncan, Edwards of Guil- 
ford, Edwards of Caldwell, Gray, Guy, Hancock, Hardison, Harrington, Harris of Meck- 
lenburg, Harris of Cleveland, Hunt, Jenkins, Johnson, Jordan, Kincaid, Lawing, Marion, 
Martin, Marvin, Parnell, Plyler, Rand, Redman, Royall, Speed, Staton, Swain, Tally, 
Taylor, Thomas of Craven, Thomas of Henderson, Walker, Ward, Warren, White, 
Winner, and Woodard — 40. 

Voting in the negative: None. 

The bill remains on the Calendar upon third reading. 

S. B. 723, a bill to provide for the central filing of security interests in crops. 
On motion of Senator Jenkins, Committee Amendment No. 1 is adopted. 
The Chair orders the bill, as amended, engrossed and re-referred to the Appropria- 
tions Committee. 

On motion of Senator Lawing, seconded by Senator Harris of Cleveland, the Senate 
adjourns to meet Monday at 8:00 P.M. 



ONE HUNDRED FORTY-FIFTH DAY 

Senate Chamber, 
Monday, June 18, 1984. 

The Senate meets pursuant to adjournment, and is called to order by the Honorable 
James C. Green, Lieutenant Governor. 

Prayer is offered by the Reverend Claude Godwin, Senate Chaplain, as follows: 

"God, our Father: Your Prophet Micah tells us that all that is required of us is that we 
love mercy, act justly, and walk humbly with our God. We confess that it is easy for us to 
love mercy when we are the ones who are being judged, but far more difficult to extend 
mercy to those who oppose or hurt us. It is not hard for us to act with justice within the 
circle of family and friends, but far more difficult to extend justice to the poor, the 
stranger, the outcast. As for walking humbly, we confess that we are too successful in the 
life You have given us to be as humble as we should. Remind us daily, God, of this simple 
prescription for a truly human life. Help us to extend mercy and justice to all Your 
children, and to keep ourselves humble by remembering how far short we fall of Your 
hopes for us as Your people. Amen." 

Senator Lawing for the Rules and Operation of the Senate Committee announces that 
the Journal of Friday has been examined and is found to be correct. On his motion, the 
Senate dispenses with the reading of the Journal and it stands approved as written. 

June 18, 1984 



30 SENATE JOURNAL [Second Session 

The President grants leaves of absence to Senators Winner, Barnes of Forsyth, and 
Thomas of Craven for tonight; to Senator Thomas of Craven for tomorrow, June 19; and to 
Senator Childers for Monday through Friday, June 18 - 22. 

A leave of absence granted previously to Senator Soles is noted. 

The President recognizes the following pages serving in the Senate this week: Tanji Lee 
Bradley, Raleigh; Antowanna S. Carpenter, Raleigh; Dena Rochelle Childers, Taylors- 
ville; Gregory Allen Conner, Kings Mountain; Nathan Joel Derrick, Wake Forest; Donna 
Delores Douglas, Charlotte; Derek Urban Ezzel, Whiteville; Paige Elizabeth Fink, 
Raleigh; Carla Michelle Gurganus, Oxford; Paul Harrison Harkey, Washington; Michele 
Hilliard, Rocky Mount; Crystal T. Jones, Raleigh; Sheena Nicole McLaurin, Wilmington; 
Mark Newell, Raleigh; Alicia Nisbit, Colonial Heights, Virginia; Amy Elizabeth Parker, 
Raleigh; Sanford Pinion, Raleigh; LesUe Sheperd, Laurinburg; Donna Carol Smith, 
Goldsboro; Sarah Elizabeth Tipton, Greenville; Herman Frank Towe, Plymouth; Nita 
Paige Toxey, Gatesville; Tammy Gail Vaughan, Wendell; Sherry Kay Watt, Raleigh; 
Wally Gray White, Eden; and Anna Jane Woodhouse, Raleigh. 

ENROLLED BILLS 

'■,.■'■■ ,; ; ' ' ' '' 'A 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

H. B. 1493, an act to allow absentee voting in Cherryville City elections. (Ch. 935) 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senator Staton: 

S. B. 780, a bill to clarify and make technical amendments to Article 17 of Chapter 120 of 
the General Statutes, Confidentiality of Legislative Communications. 
Referred to Rules and Operation of the Senate Committee. 

By Senator Edwards of Caldwell: 

S. B. 781, a bill to appropriate funds for the further rehabilitation of the Old Burke 
County Courthouse in Morganton. 
Referred to Appropriations Committee. 

By Senators Rand, Edwards of Caldwell, Gray, Hancock, Hardison, Hunt, Jenkins, 
Jordan, Lawing, Marvin, Parnell, Plyler, Royall, Speed, Swain, Tally, Walker, Warren, 
Winner, and Woodard. 

S. B. 783, a bill to clarify the definition of an ambulatory surgical facility. 
Referred to Special Ways and Means Committee. 

By Senators Plyler and Jordan: 

S. B. 784, a bill to appropriate funds for repairs to Temperance Hall and the John 
Charles NcNeill House. 
Referred to Appropriations Committee. 



June 18, 1984 



1984] SENATE JOURNAL 31 

By Senator Staton: 

S. J. R. 785, a joint resolution authorizing the 1984 Regular Session of the General 
Assembly to consider a bill to be entitled an act to declare Good Friday, the Friday before 
Easter, the legal public holiday to observe Easter. 

Referred to Rules and Operation of the Senate Committee. 

By Senators Rand and Hancock: 

S. B. 786, a bill to protect the public interest in the sale or lease of public hospital 
facilities. 
Referred to Special Ways and Means Committee. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 

S. B. 543 (House Committee Substitute), a bill to regulate architects and engineers in 
their relations with contractors, for concurrence in the House Committee Substitute bill. 
Referred to Special Ways and Means Committee. 

H. B. 1482, a bill to change the method of determining the sales price of a motor vehicle 
in a casual sale and eliminate the requirement that the sales price of a motor vehicle in a 
casual sale be based on the book value of the vehicle. 

Referred to Finance Committee. 

H. B. 1485, a bill repealing various obsolete tax statutes and making technical correc- 
tions to the revenue laws. 
Referred to Finance Committee. 

H. J. R. 1486, a joint resolution expressing the General Assembly's disapproval and 
rejection of the unitary method of taxation whereby the worldwide earnings of a multi- 
national business enterprise are subjected to State income tax. 

Referred to Rules and Operation of the Senate Committee. 

H. J. R. 1495, a joint resolution authorizing the 1984 Regular Session of the 1983 
General Assembly to consider a joint resolution requesting the continuation and expan- 
sion of the statewide screening service for the detection of certain metaboUc disorders. 

Referred to Rules and Operation of the Senate Committee. 

H. J. R. 1499, a joint resolution authorizing the 1984 Regular Session of the General 
Assembly to consider a bill to be entitled an act regarding the letting of contracts for 
airport construction and repair. 

Referred to Rules and Operation of the Senate Committee. 

H. J. R. 1503, a joint resolution authorizing consideration of a bill concerning regional 
reciprocal interstate acquisitions of savings and loan associations. 

On motion of Senator Edwards of Caldwell, the rules are suspended (electronically 
recorded), and the joint resolution is placed before the Senate for immediate considera- 
tion. 

The joint resolution passes its second (electronically recorded) and third readings and is 
ordered enrolled. 



June 18. 1984 



32 SENATE JOURNAL [Second Session 

H. J. R. 1504, a joint resolution authorizing the 1984 Regular Session of the General 
Assembly to consider a bill to be entitled an act regarding limitations on State financial aid 
to airports. 

Referred to Finance Committee. 

H. J. R. 1510, a joint resolution authorizing the 1984 Regular Session of the General 
Assembly to consider a bill to be entitled an act regarding federal assistance in the 
purchase of navigational aids for North Carolina airports. 

Referred to Finance Committee. 

H. B. 1517, a bill to aboHsh certain executive branch boards and to consolidate the 
functions of certain executive branch boards. 

Referred to Rules and Operation of the Senate Committee. 

H. J. R. 1531, a joint resolution authorizing the 1984 Regular Session of the- General 
Assembly to consider a bill to be entitled an act to regulate raffles. 
Referred to Rules and Operation of the Senate Committee. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

S. B. 735, a bill to amend the Charter of the City of Lumberton relating to uptown 
development projects, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 44, noes 0, as follows: 

Voting in the affirmative: Senators Alford, Allred, Ballenger, Barnes of Wayne, 
Daniels, Davis, Edwards of Guilford, Edwards of Caldwell, Gray, Guy, Hancock, Hardi- 
son, Harrington, Harris of Mecklenburg, Harris of Cleveland, Hipps, Hunt, Jenkins, 
Johnson, Jordan, Kincaid, Lawing, Marion, Martin, Marvin, Parnell, Plyler, Rand, 
Rauch, Redman, Royall, Speed, Staton, Swain, Tally, Taylor, Thomas of Henderson, 
Tison, Walker, Ward, Warren, White, Woodard, and Wright — 44. 

Voting in the negative: None. 

The bill is ordered, without objection, sent to the House of Representatives by special 
messenger. 

S. B. 739, a bill to annex certain property to the City of Jacksonville, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 44, noes 0, as follows: 

Voting in the affirmative: Senators Alford, Allred, Ballenger, Barnes of Wayne, 
Daniels, Davis, Edwards of Guilford, Edwards of Caldwell, Gray, Guy, Hancock, Hardi- 
son, Harrington, Harris of Mecklenburg, Harris of Cleveland, Hipps, Hunt, Jenkins, 
Johnson, Jordan, Kincaid, Lawing, Marion, Martin, Marvin, Parnell, Plyler, Rand, 
Rauch, Redman, Royall, Speed, Staton, Swain, Tally, Taylor, Thomas of Henderson, 
Tison, Walker, Ward, Warren, White, Woodard, and Wright — 44. 

Voting in the negative: None. 

The bill is ordered, without objection, sent to the House of Representatives by special 
messenger. 

S. B. 759, a bill to revise and consolidate the Charter of the Town of Frankhnville and to 
repeal prior local acts, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 44, noes, 0, as follows: 
Voting in the affirmative: Senators Alford, Allred, Ballenger, Barnes of Wayne, 
Daniels, Davis, Edwards of Guilford, Edwards of Caldwell, Gray, Guy, Hancock, Hardi- 
son, Harrington, Harris of Mecklenburg, Harris of Cleveland, Hipps, Hunt, Jenkins, 

June 18, 1984 



1984] SENATE JOURNAL 33 

Johnson, Jordan, Kincaid, Lawing, Marion, Martin, Marvin, Parnell, Plyler, Rand, 
Rauch, Redman, Royall, Speed, Staton, Swain, Tally, Taylor, Thomas of Henderson, 
Tison, Walker, Ward, Warren, White, Woodard, and Wright — 44. 

Voting in the negative: None. 

The bill is ordered, without objection, sent to the House of Representatives by special 
messenger. 

S. B. 760, a bill concerning economic development projects of the Town of Liberty, upon 
third reading. 

The bill passes its third reading by roll-call vote, ayes 44, noes 0, as follows: 

Voting in the affirmative: Senators Alford, Allred, Ballenger, Barnes of Wayne, 
Daniels, Davis, Edwards of Guilford, Edwards of Caldwell, Gray, Guy, Hancock, Hardi- 
son, Harrington, Harris of Mecklenburg, Harris of Cleveland, Hipps, Hunt, Jenkins, 
Johnson, Jordan, Kincaid, Lawing, Marion, Martin, Marvin, Parnell, Plyler, Rand, 
Rauch, Redman, Royall, Speed, Staton, Swain, Tally, Taylor, Thomas of Henderson, 
Tison, Walker, Ward, Warren, White, Woodard, and Wright — 44. 

Voting in the negative: None. 

The bill is ordered, without objection, sent to the House of Representatives by special 
messenger. 

H. B. 1494, a bill to incorporate the Walkertown Sanitary District into a municipahty to 
be known as the Town of Walkertown, and to simultaneously dissolve the Walkertown 
Sanitary District, subject to a referendum, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 44, noes 0, as follows: 

Voting in the affirmative: Senators Alford, Allred, Ballenger, Barnes of Wayne, 
Daniels, Davis, Edwards of Guilford, Edwards of Caldwell, Gray, Guy, Hancock, Hardi- 
son, Harrington, Harris of Mecklenburg, Harris of Cleveland, Hipps, Hunt, Jenkins, 
Johnson, Jordan, Kincaid, Lawing, Marion, Martin, Marvin, Parnell, Plyler, Rand, 
Rauch, Redman, Royall, Speed, Staton, Swain, Tally, Taylor, Thomas of Henderson, 
Tison, Walker, Ward, Warren, White, Woodard, and Wright — 44. 

Voting in the negative: None. 

The bill is ordered enrolled. 

H. B. 1523, a bill to validate the failure of Cabarrus County to collect a fire district tax in 
that portion of the Harrisburg Fire Protection District located in the corporate limits of 
the Town of Harrisburg, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 44, noes 0, as follows: 

Voting in the affirmative: Senators Alford, Allred, Ballenger, Barnes of Wayne, 
Daniels, Davis, Edwards of Guilford, Edwards of Caldwell, Gray, Guy, Hancock, Hardi- 
son, Harrington, Harris of Mecklenburg, Harris of Cleveland, Hipps, Hunt, Jenkins, 
Johnson, Jordan, Kincaid, Lawing, Marion, Martin, Marvin, Parnell, Plyler, Rand, 
Rauch, Redman, Royall, Speed, Staton, Swain, Tally, Taylor, Thomas of Henderson, 
Tison, Walker, Ward, Warren, White, Woodard, and Wright — 44. 

Voting in the negative: None. 

The bill is ordered enrolled. 

H. J. R. 1548, a joint resolution honoring the life and memory of Sam D. Bundy, a 
former member of the North Carolina General Assembly. 

The joint resolution passes its second (electronically recorded) and third readings and is 
ordered enrolled. 



June 18, 1984 



34 SENATE JOURNAL [Second Session 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

Senator Royall moves that Rule 40 be suspended to allow the introduction of the 
following joint resolution, which motion prevails by a two-thirds majority vote. 

By Senator Royall: 

S. J. R. 787, a joint resolution memorializing Congress to allow the tobacco excise tax to 
drop to eight cents per pack as currently scheduled. 

On motion of Senator Royall, the rules are suspended (electronically recorded) and the 
joint resolution is placed before the Senate for immediate consideration. 

The joint resolution passes its second (electronically recorded) and third readings and is 
ordered, without objection, sent to the House of Representatives by special messenger. 

On motion of Senator Lawing, seconded by Senator Royall, the Senate adjourns to meet 
tomorrow at 12:00 M. 



ONE HUNDRED FORTY-SIXTH DAY 

v, ; • -. ' ' Senate Chamber, \^(i r' ■■ 

,; ^ -, ,. Tuesday, June 19, 1984. '. ,: 

The Senate meets pursuant to adjournment, and is called to order by the Honorable 
James C. Green, Lieutenant Governor. 

Prayer is offered by the Reverend Claude Godwin, Senate Chaplain, as follows: 

"Almighty God: Each new day You bring forth light out of the darkness, renewing and 
warming the earth. Help us to find in that seemingly simple miracle a symbol of hope for 
our world. Too often we wander helplessly about in a darkness of our own making, unable 
or unwilling to find our way. Bring light to our eyes and our hearts, God, that we may 
see the dawning of a new age. Grant especially that these servants of Yours who serve the 
people of North Carolina may be blessed with clear sight and a wilUng spirit, that their 
work may truly reflect Your will. Amen." 

Senator Lawing for the Rules and Operation of the Senate Committee announces that 
the Journal of yesterday has been examined and is found to be correct. On his motion, the 
Senate dispenses with the reading of the Journal and it stands approved as written. 

The President grants a leave of absence to Senator Thomas of Craven for today and to 
Senator Staton for tomorrow, June 20, through June 22. 
Leaves of absence granted previously to Senators Soles and Childers are noted. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 



June 19, 1984 



1984] SENATE JOURNAL 35 

H. B. 1494, an act to incorporate the Walkertown Sanitary District into a municipality 
to be known as the Town of Walkertown, and to simultaneously dissolve the Walkertown 
Sanitary District, subject to a referendum. (Ch. 936) 

H. J. R. 1503, a joint resolution authorizing consideration of a bill concerning regional 
reciprocal interstate acquisitions of savings and loan associations. (Res. 57) 

H. B. 1523, an act to vaUdate the failure of Cabarrus County to collect a fire district tax 
in that portion of the Harrisburg Fire Protection District located in the corporate limits of 
the Towfi of Harrisburg. (Ch. 937) 

H. J. R. 1548, a joint resolution honoring the life and memory of Sam D. Bundy, a 
former member of the North Carolina General Assembly. (Res. 58) 

RE-REFERRAL 

S. B. 786, a bill to protect the public interest in the sale or lease of public hospital 
facilities. 

Without objection, the Chair withdraws the bill from the Special Ways and Means 
Committee and re-refers it to the State Government Committee. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senator Jenkins: 

S. B. 788, a bill to appropriate funds to the Cannon Memorial Y.M.C. A. and Community 
Center, Inc., in KannapoUs, North Carolina. 
Referred to Appropriations Committee. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 

H. B. 1511, a bill to amend Chapter 320 of the 1981 Session Laws concerning street 
improvements and assessments in Dare County. 
Referred to Special Ways and Means Committee. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing and select committees, read by their 
titles, together with the reports accompanying them, and take their place on the Calen- 
dar, as follows: 

By Senator Swain, for the Special Ways and Means Committee: 

H. B. 1398, a bill to require an appHcant for appointment of a receiver to furnish a bond 
payable to the adverse party, with a favorable report. 

H. B. 1480, a bill to exempt Cherokee County from certain procedural requirements on 
disposal of land as an industrial park, with a favorable report. 



June 19, 1984 



36 SENATE JOURNAL [Second Session 

H. B. 1492, a bill to allow the City of States ville to lease certain property for a period of 
twenty-five years, with a favorable report. 

H. B..1498, a bill to exempt the City of Washington, Beaufort County from the 
requirements of Article 12 of Chapter 160A of the General Statutes in connection with the 
conveyance of certain land to the Greater Washington Chamber of Commerce, with a 
favorable report. 

H. B. 1501, a bill to permit the County of Pitt to lease to the Children's Services of 
Eastern Carolina, Inc., certain real property near the Greenville Nursing and Con- 
valescent Home and a portion of the former Moye property, now owned by Pitt County, 
with a favorable report. 

H. B. 1515, a bill to provide local flexibility in the financing of the Industrial- 
Agricultural Development Commission of Lenoir County, with a favorable report. 

H. B. 1516, a bill to include an area within the corporate limits of the Town of Micro, 
with a favorable report. 

H. B. 1520, a bill to repeal the statutory ban on the sale of spiritous liquors, intoxicating 
drinks, ale, beer, lager, porter, cider or bitters in the Town of Siler City, with a favorable 
report. 

H. B. 385 (Committee Substitute), a bill authorizing a court to order procurement of a 
proper Hcense, with a favorable report, as amended. 

S. B. 734, a bill to create the North Carolina Hazardous Waste Treatment Commission 
with an unfavorable report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Swain, the rules are suspended and the Committee Substitute bill 
is placed before the Senate for immediate consideration and on his further motion the 
Committee Substitute bill is adopted. 

On motion of Senator Swain, the Committee Substitute bill is placed on the Calendar for 
tomorrow, June 20. * , 

On motion of Senator Lawing, seconded by Senator Thomas of Henderson, the Senate 
adjourns to meet tomorrow at 12:00 M. 



ONE HUNDRED FORTY-SEVENTH DAY 

Senate Chamber, ' ■ ■• 

Wednesday, June 20, 1984. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Green, Lieutenant Governor. 

Prayer is offered by the Reverend Claude Godwin, Senate Chaplain, as follows: 



June 20, 1983 



1984] SENATE JOURNAL 37 

"Almighty God, as we gather this day, we gather in remembrance of Your servant and 
our friend, JuHan Allsbrook, and we ask You to help us remember as You exemplified in 
his life, that where there is no vision, the people perish, and where there is vision, the 
people are blessed. Help us all to be people who are not afraid to have visions of hope for 
the future. Grant us dreams of equality and opportunity for all people, dreams of freedom 
and prosperity for this Nation, and for all the nations of this earth. Never let us become 
content with the status quo, but encourage us to work toward a future that gleams 
brightly on the horizon of our hopes. As we look toward the future, help us to welcome it 
with the confidence that comes from knowing we are doing our best in the present to 
assure that tomorrow will be even better than today. 

"We make this and all our prayers in Your name. Amen." 

Senator Lawing for the Rules and Operation of the Senate Committee announces that 
the Journal of yesterday has been examined and is found to be correct. On his motion, the 
Senate dispenses with the reading of the Journal and it stands approved as written. 

The President grants leaves of absence to Senators Wright and Ballenger for today. 
Leaves of absence granted previously to Senators Soles, Childers, and Staton are 
noted. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

S. J. R. 713, a joint resolution authorizing the 1984 Regular Session of the General 
Assembly to consider a bill to be entitled an act to allow the Department of Transportation 
to include a municipal street as part of the right-of-way when improving a State highway. 
(Res. 59) 

S. J. R. 772, a joint resolution authorizing the 1984 Regular Session of the General 
Assembly to consider a bill to be entitled an act to rename State Highway 704 as the 
"Wesley D. Webster Highway". (Res. 60) 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing and select committees, read by their 
titles, together with the reports accompanying them, and take their place on the Calen- 
dar, as follows: 

By Senator Rauch for the Finance Committee: 

S. B. 728, a bill to reduce the fee rate for administration of estates, with a favorable 
report. 

S. B. 737, a bill to provide a sales tax exemption for legal tender and precious metal 
buUion, with a favorable report. 

S. B. 750, a bill to phase out over a five-year period the tax on intangible personal 
property that is now classified and taxed at specific rates, and to provide funds to partially 
compensate local governments for the revenue loss, with a favorable report. 

H. B. 541, (Committee Substitute), a bill to provide an income tax credit for the 



June 20, 1983 



38 SENATE JOURNAL [Second Session 

purchase of conservation tillage equipment for agriculture and forestry, with a favorable 
report. 

S. B. 731, a bill to provide an additional tax exemption for parents of individuals with 
cystic fibrosis, with a favorable report, as amended. 

H. B. 1099, a bill to provide an income tax credit to farmers who permit their crops to be 
gleaned, with a favorable report, as amended. 

S. B. 733, a bill to create a State General Fund Bond Sinking Fund for the purpose of 
retiring the principal and interest of State General Fund bonds and to provide the 
necessary moneys therefor, with unfavorable report as to bill, but favorable as to Com- 
mittee Substitute bill. 

On motion of Senator Ranch, the rules are suspended and the Committee Substitute bill 
is placed before the Senate for immediate consideration. On motion of Senator Ranch, the 
Committee Substitute bill is adopted, and on his further motion is re-referred to the 
Appropriations Committee. 

By Senator Plyler for the Pensions and Retirement Committee: 

S. B. 725, a bill to amend the Gastonia Firemen's Supplementary Pension Fund, with a 
favorable report. 

S. B. 758, a bill to create a public employee supplemental income retirement plan, with a 
favorable report, as amended. 

By Senator Lawing for the Rules and Operation of the Senate Committee: 

S. J. R. 702, a joint resolution honoring the hfe and memory of Senator Julian R. 
Allsbrook, with a favorable report. 

On motion of Senator Lawing, the rules are suspended (electronically recorded), and 
the joint resolution is placed before the Senate for immediate consideration. 

Without objection, the Chair orders the joint resolution and the remarks of the Sena- 
tors, spread upon the Journal, as follows: 

SENATE JOINT RESOLUTION 702 

A JOINT RESOLUTION HONORING THE LIFE AND MEMORY OF 
SENATOR JULIAN R. ALLSBROOK. 

Whereas, Julian R. Allsbrook was born in Roanoke Rapids, North Carolina on Febru- 
ary 17, 1903, and graduated from the Roanoke Rapids pubHc schools in 1920; and 

Whereas, Julian R. Allsbrook attended The University of North Carolina from 1920 to 
1924, graduating from the School of Law in 1924, and was a member of the Order of the 
Golden Fleece and the Order of the Grail; and ^ 

Whereas, Juhan R. Allsbrook made a distinguished career in the practice of law in 
Roanoke Rapids; and 

Whereas, JuHan R. Allsbrook was first elected to the North Carolina Senate in 1935 and 
did not seek re-election; served as a member of the North Carohna House of Representa- 
tives in 1941; and resigned the Democratic Nomination for Senator from the Sixth District 
in 1942 to enter active duty as a lieutenant in the U.S. Naval Reserve; and 



June 20, 1983 



1984] SENATE JOURNAL 39 

Whereas, Julian R. Allsbrook was elected Senator in 1947, 1949, 1951, 1965 and every 
term thereafter; and 

Whereas, Julian R. Allsbrook served in the 1983 General Assembly as the Senator from 
the Sixth District, composed of Warren County and parts of Edgecombe and Halifax 
Counties; and 

Whereas, as a distinguished member of the North Carolina Senate, Julian R. Allsbrook 
earned the respect and admiration of his fellow legislators and was appointed Chairman of 
the Judiciary I Committee and Vice Chairman of the Committee on Public Utilities and 
Energy, and was also a member of numerous other legislative committees; and 

Whereas, Julian R. Allsbrook was a member of numerous civic and charitable organiza- 
tions, including the American Legion, the Roanoke Rapids Kiwanis Club, the Masonic 
Lodge, Widow's Lodge No. 519, and Woodmen of the World; and 

Whereas, Julian R. Allsbrook's accomplishments have been recognized by the North 
Carolina Pubhc Health Association's Distinguished Service Citation in 1965, the North 
Carolina Association of Health, Physical Education, and Recreation's Special Honor 
Award for Service in 1974, and the Roanoke Rapids Lion's Club Distinguished Service 
Award in 1974; and 

Whereas, Juhan R. Allsbrook was a great believer in the Halifax Resolves, and led the 
effort to commemorate them; and 

Whereas, Julian R. Allsbrook died May 15, 1984, leaving his son, Superior Court Judge 
Richard B. Allsbrook of Roanoke Rapids, and his two daughters, Mary Allsbrook Fisher 
of Roanoke Rapids and Alice Allsbrook Auchmoody of Richmond, Virginia; and 

Whereas, Juhan R. Allsbrook was a respected statesman, a true Christian, and an 
individual highly dedicated to the advancement of his community; and 

Whereas, the General Assembly, in warm memory and admiration, wishes to recognize 
the contributions of Julian R. Allsbrook to the well-being and betterment of Halifax 
County, Eastern North Carohna, and the entire State; and 

Whereas, the General Assembly also wishes to express to his children sincere gratitude 
and appreciation for his services; 

Now, therefore, be it resolved by the Senate, the House of Representatives concurring: 

Section 1. The North Carolina General Assembly honors the memory of Julian R. 
Allsbrook and mourns the loss of such an able and devoted public servant. 

Sec. 2. The North Carohna General Assembly expresses the deep gratitude and 
appreciation of this State and its citizens for Juhan R. Allsbrook's life and service to North 
Carolina. 

Sec. 3. The Secretary of State shall transmit a certified copy of this resolution to the 
children of Julian R. Allsbrook. 

Sec. 4. This resolution is effective upon ratification. ' 



June 20. 1983 



40 SENATE JOURNAL [Second Session 

SENATOR WHITE: 

"Mr. President and Members of the Senate, it's an honor for me that I have the 
opportunity to rise to speak on this Resolution. Senator Allsbrook was educated in the 
Roanoke Rapids School System, and to my knowledge, from having been a school 
principal in Halifax County and knowing the Roanoke Rapids School System as it was 
known across the State as one of the most efficient and best systems in the State of North 
Carolina. He graduated there from the School System in 1920. He furthered his formal 
education by going to the University of North Carolina at Chapel Hill, and there he 
received his law degree, with honors, in 1924. He served as Student Body President his 
senior year. Senator Allsbrook was an outstanding and capable lawyer. He told me on 
many occasions that he never turned down a client because he was poor. He had compas- 
sion for the poor. 

"Senator Allsbrook was a man with outstanding personal integrity. His word was his 
bond. He was a Christian, member of the Baptist Church. He loved the people of Roanoke 
Rapids and Halifax County. 

"Senator Allsbrook was first elected to the Senate in 1935; did not choose to run for 
re-election at that time but that was almost 50 years ago. He served in the North Carolina 
House in 1941 and resigned from that Body in 1942 to enter the armed services of his 
country which was at war at that time. 

"He served in the North — he followed his career in the Legislature for a number of 
years before I came to this Senate. In 1969, Senator Allsbrook and I were elected to serve 
as colleagues in a four-county, two-senator district. We served together for six terms until 
our district was broken up into a single Senate district. We had a very close relationship in 
serving our District. I sought his advice on many issues, and he was always anxious to 
help. I leaned on him many, many times because of the wisdom that he could impart to me. 

"Senator Allsbrook was devoted to his family and was proud of his children and his 
grandchildren. He loved people. He loved his friends and the people of North Carolina. He 
especially loved this State. He believed in the democratic government, beheved in the 
North Carolina Constitution. He served on the Commission that rewrote the State 
Constitution in the late 60's. He defended it to the letter in this Chamber. He was a 
very — he had very Httle patience with anyone that sponsored a bill that in his opinion, 
was not constitutional. 

"Senator Allsbrook would make a thorough study of bills that were controversial. When 
he had made up his mind that a bill was not in the best interests of the people of North 
Carolina, he would fight for his convictions to the very end. Senator Allsbrook was proud 
of being a Senator and member of this Senate. He brought honor to this august Body. He 
never wanted to serve the State in any capacity other than in this Senate. He was 
civic-minded, was a Kiwanian, member of the Masonic Lodge and other local organiza- 
tions. He received many honors and citations, served on many boards and commissions. 
When his people needed him, he was there to help. 

"It has been a great privilege and a rewarding experience to have had the honor of 
serving with him in this Senate. I was devoted to him for he had meant so much to me over 
the years. I miss him. His seat was just back of me where Senator Speed now sits, and 
later I sat right to his left where I am sitting now. I miss him very much. This legislative 



June 20, 1983 



1984] SENATE JOURNAL 41 

body will miss his wisdom. He furnished leadership on many important issues that came 
before this Body, and the State of North Carolina will miss an outstanding citizen in the 
passing of Senator Allsbrook. Thank you, Mr. President." 

SENATOR KINCAID: 

"Ladies and Gentlemen of the Senate, I had the pleasure of serving with Senator 
Allsbrook for 17 years in the General Assembly. By belonging to the minority party, I 
know there are many times when your party principles must prevail, and in those times 
the Senator definitely stood by his party principles. 

"I can honestly say that during my 17 years in the General Assembly I have never been 
treated any better by any member of this General Assembly than Senator Allsbrook. 
Obviously, we could go on and on and on and talk about the Senator and what he meant to 
North Carolina, and with no disrespect intended to the new generation that will be 
coming, I can sincerely say that we will never elect another Senator that represented the 
values of what made this country as great as it is as Senator Allsbrook. Thank you." 

SENATOR ALFORD: 

"North Carolina has lost a great citizen. It has been my pleasure to serve with Senator 
Allsbrook for 14 years, and since the passing of Senator Allsbrook, I have visited Roanoke 
Rapids and Halifax County on many occasions. I have talked to people in all walks of life, 
and they say, 'Who are we going to get to fill those big shoes?' It's going to be a very 
difficult time. Already he is being missed. I just hope that if I come back here, I can 
attempt to fill part of his shoes. He was fair, he was tough, but he always gave even his 
opponents a fair shake. 

"I am delighted to know that I had the pleasure of serving with Senator Allsbrook 
during this period of time. He was a great North Carolinian, and again, I say to you he is 
going to be missed. Thank you, Mr. President." 

SENATOR SWAIN: 

"Mr. President and Members of the Senate, I felt that I had to stand and express my 
love for this great man who has left us. 

"The thing that some of us forget here on the floor in the midst of some of our battles, 
some of us forget to be a gentleman. Senator Allsbrook at all times was the epitome of 
what we know as the southern gentleman. 

"When I came here in 1977, I was honored to be allowed to serve as Vice Chairman of 
Judiciary I. I have served in that capacity with Senator Allsbrook ever since, and he 
has — I have been honored to have been able to consult with him and to learn his 
thoughts. He was a man, as Senator White says, who loved our Constitution. He was a 
protector of the rights of everybody, and he had very little patience with some of the 
legislation which would transgress or even encroach in any way on our Constitution, 
because he knows that that is the basis of our government and the protector of the weak, 
as well as the strong. He was a great champion. 

"I was so impressed when we went to his funeral, Mr. President. The Town of Roanoke 
Rapids virtually closed down. I think there was one little shop there where you could buy a 



June 20, 1983 



42 SENATE JOURNAL [Second Session 

cup of coffee during his furneral. The rest of the town had closed, and the reverence that 
was shown by the poHce officers and everyone in that area for this great man. And he 
deserved every bit of love they gave him, and I just wish to express my grief at my 
personal loss. The people of North Carolina have lost a great, great man. Thank you." 

SENATOR HARRINGTON: 

"I'm going to go back many, many years because I hve one county from Halifax where 
Senator Allsbrook was born and raised, and give you all a little bit of history of Senator 
Allsbrook. 

"Most of you know his history for the last several years here in the Senate Chamber. 
But back in the 30's there was a tremendous — I got him down here as a political 
warrior — there was a tremendous two factions existing in Halifax County. They would 
win races by as much as a big difference of 20 votes, and I think Senator Allsbrook headed 
up one faction, and there was another faction that I will not mention today. Later in years 
they all got together, but back in the 30's it was really the topic of the day. 

"As you would notice. Senator Allsbrook, to all of us never gave up. He didn't even want 
to compromise. Well, he stuck it out there in Halifax County until he became the 'king.' 
That's just exactly what he did. 

"When he came up here 20 years ago, I had been here two years when he came in, and I 
watched him. I even listened to some insurance adjusters tell me how hard it was when 
they had a case with Senator Allsbrook to adjust the case. He would fight them right down 
to the last go. That's what I think was what struck me as so tremendous about Senator 
Allsbrook. He was a fighter from the word 'go.' There in Halifax County, along with his 
fighting, he did it in a gentleman-like way. As I said, there in the last 16 or 18 years, there 
was harmony in Halifax County, and he never had any problems of winning his races. 

"I want to say to his family today — I only know his son very well, and that's our 
Superior Court Judge that's the resident judge of my District, we are proud of our Judge 
too, and of his family. It's just wonderful to be from my little section of the North Carolina 
State that can render such people as our late Senator Juhan Allsbrook. It's a pleasure for 
me to have served with him for 20 years." 

SENATOR ALLRED: 

"Mr. President and Ladies and Gentlemen of the Senate, I want to say that Senator 
Allsbrook was one of the greatest Senators that will ever occupy this Chamber. He judged 
everything on its merit, and without his guidance, I may not have ever had any legislation 
passed. I am truly going to miss him in this Body. Thank you." 

SENATOR DANIELS: ■ '' '"■■. '■^■■^ -'■'■. ;■; ■^■'^^ 

"Mr. President, Ladies and Gentlemen of the Senate, honored guests, many kind words 
have been said about our distinguished colleague, and I think there's one area that 
perhaps we can add to that. Not only was he a distinguished legislator, statesman, and 
orator, but he was an educator. Each of us as freshmen remember the kind lessons that he 
taught us; sometimes one-on-one; other times on the floor. 

"For eight years we shared a boundary of our District where we were separated by the 



June 20, 1983 



1984] SENATE JOURNAL 43 

great Roanoke River, and I remember with a very strong impression the lessons he 
taught me as a freshman over the hunting rights on the Roanoke River. He was very 
proud of his District and his territory, through justification. 

"Senator Harrington and I shared the District on the other side of the Roanoke, and 
Senator Harrington had to be away one day my very first month in the session on 
business, and some hunting issues on the Roanoke came up. And Senator Allsbrook, with 
all the kindness and all the gentle manner that he had, educated me far beyond any words I 
could describe today on his strong feelings of the Roanoke River and what happened on 
each side of that river. 

"Many times he would call us over to his desk and remind us of little issues that affected 
the great State of North Carolina and shared his views with us. I also remember the 
lessons he gave each of us as freshmen in this Body, the decorum, the manners and what 
went on. I think without a doubt the North Carohna Senate was perhaps his second home, 
a great love. I will always remember the kindness he showed in Judiciary I to we laymen of 
the law. We would ask some very foolish questions but he would remind us in a very kind 
way what the law was and what dangerous territory we were proceeding on. He was a 
great friend. In think all of us are better for having served with him." 

SENATOR TAYLOR: 

"Mr, President, since I am new on this scene I want you to know that I probably 
represent the people back home today more than I do the North Carolina Senate. The 
people back home, too, loved Senator Allsbrook. As some of you have mentioned, the 
clocks practically stopped in Roanoke Rapids on that day in May. At the Community 
College at 8:00 o'clock in the morning, people were already asking me, 'Are we flying the 
flag at half-mast today?' And we did. 

"People back home loved him as you did. It was an humble experience for me to come to 
this Senate. The first day I came, when I drove in the parking lot, the attendant looked at 
me because he knew I didn't have any business there, but he found out my mission and he 
said, 'Senator Allsbrook always took the time to talk with me.' And I thought that was a 
tribute; that a man of that importance could take the time to talk with anyone, regardless 
of the station in life. 

"Several of you told me the difficulty I would have in filling Senator Allsbrook's shoes. 
Ladies and Gentlemen, I would not attempt that. My attempt will be to follow in the 
direction in which he led. As you know, that direction encompassed many things. Many of 
you have mentioned the great abilities, the great will and the great love that he had for 
this State. I thought of Senator Allsbrook as a walking atlas of North Carolina history. He 
made it — he Uved it. 

"In a period of sadness, there is always a joy. The joy is that Senator Allsbrook passed 
our way; that you and I had the opportunity to grow because of our relationship with him. 
And so it is today, Mr. President, it is a great privilege and honor for me to join in a tribute 
to a great North CaroUnian and a great American. Thank you." 

SENATOR SPEED: 

"Senator Allsbrook left his mark, certainly in this Body, throughout all of North 



June 20, 1983 



44 SENATE JOURNAL [Second Session 

Carolina, but especially in the northeastern section of our State. I had the opportunity of 
living in the adjoining county of Senator Allsbrook. I knew a lot about how the people of 
that area felt about him. I also represented Warren County, at the same time as Senator 
Allsbrook. Due to the changes in districts and so forth, Warren County lost Senator 
Allsbrook, and I had the opportunity of trying to fill that slot. Senator Allsbrook helped 
me a lot in doing this because he knew the people there well and he still had an admiration 
for them and was always willing to try to help in every way. The people there continued to 
call upon him for the various problems that they had in order to solve them. 

"Senator Allsbrook helped me on a number of occasions with various legislation. He was 
certainly a real true guide. He always gave good information and certainly information 
that he felt was in the best interests of all concerned. It was my pleasure to know him and 
work with him, and certainly, I, too, will miss him." 

SENATOR RAUCH: ^ 

"I don't know if there was ever anyone before Senator Julian Allsbrook, and I don't 
know if there will ever be anyone Hke Senator Julian Allsbrook after him, 

"Fifty years ago — 1935 — was the first time he served in this Body, and when he was 
ill and hospitalized, and our Redistricting Committee was meeting, who else would we 
have stopped the committee meeting for to call him in the hospital because he had words 
for us. 

"Truly, Julian Allsbrook was a wonderful inspiration to all of us. He loved his family; he 
loved North Carolina; he loved this Senate; he loved J-I; he loved the Constitution. The 
only time he would ever give J-I up was when he chaired the Constitution Committee 
when we wrote — when we wrote Julian AUsbrook's Constitution for North Carolina. 

"There was so much good and wonderful things about this man. He had time for 
everybody. He made time for everybody. He made us deliberate on issues when some- 
times we would have moved them too fast. 

"I never heard him say a vulgar word. I never heard him say an unkind word, I have 
been with him when he instigated strategy that overwhelmed what otherwise seemed to 
be a sure thing, A true North Carolina statesman. Any of us who have served with him are 
better for it. Think of the thousands of legislators who have come through the House and 
Senate who got to know Julian, who took and still take a part of him with us. Perhaps that's 
one of — perhaps that's one of God's ways in giving us what He wants us to have. Thank 
you." 

SENATOR DAVIS: ® 

"Mr. President, I didn't serve with Senator Allsbrook long, but I started practicing in 
1950 with a member of the House, George Uzzell, who served with him for quite some 
time, and I'd Uke to speak for just a moment about what George Uzzell's relationship was 
to Senator Allsbrook. I know that the President of the Senate knew George Uzzell well. 
He was known, as I understand it at home, as the parliamentarian of the House. For 17 
years we worked together in a law office, and I came to know him extremely well. I loved 
him very much. He admired and respected Senator Allsbrook. Senator Allsbrook did not 
always win. He was a forceful man but he didn't always win, and let me tell you about one 
of those occasions. 



June 20, 1983 



1984] SENATE JOURNAL 45 

"George Uzzell was down here from 1931 to 1965, except for four terms. One of those 
terms, my brother came in 1961, the same year I beheve that the President of the Senate 
came, and during those many, many years that George Uzzell was here, he decided that he 
v/anted to be Speaker of the House. He ran for Speaker of the House, and he made an 
excellent run, and on his team was Julian Allsbrook. Julian Allsbrook fought valiantly; all 
of them fought valiantly, but they did not win. The man who won for Speaker did not 
appoint Julian Allsbrook to the Finance Committee; he did not appoint him to the 
Appropriations Committee. Senator Allsbrook told me last year, he said, 'I suppose I'm 
the only person who ever served in the Legislature who, during a session, was not 
appointed to the Finance or Appropriations Committee, and it's all because I was loyal to 
George Uzzell.' He was George's friend. He was all our friend. He was very loyal, very 
determined, very forceful, and George appreciated him. I loved George and I appreciated 
very much the loyalty and the work which Julian Allsbrook did on behalf of George Uzzell, 
and I think all of us have come to know him as a wonderful person. Thank you, Mr. 
President." 

SENATOR MARION: 

"Mr. President, Members of the Senate; several years ago I learned a poem. I think it's 
the most beautiful poem I've ever read and I couldn't sit here without repeating it to you. 
It was by Edgar Guest, and if I had not known the author, I would have thought it could 
have certainly been the late Senator Julian Allsbrook. It's called 'Sermons'. It goes like 
this: 

'I'd rather see a sermon than hear one any day. I'd rather one should walk with 
me than merely show the way. The eye's a better pupil and more willing than 
the ear. Fine counsehng is confusing but examples always clear. And the 
lectures you deliver may be wise and true, but I'd rather get my lesson by 
observing what you do, for I may misunderstand you and the high advice you 
give, but there's no misunderstanding how you act and how you Hve.' 

"And that fit Senator Allsbrook very much to the T,' I think." 

SENATOR HARRIS OF CLEVELAND: 

"Mr. President, Members of the Senate, personally I want to thank you for putting me 
on Judiciary I four terms ago. It's been a real privilege to have worked with this man. In 
my first term, I told some of the children and grandchildren a little bit ago, after I met him 
in Judiciary I — of course, I knew him before, but he said, 'You know, occasionally we 
need a man of your business to bury some bills.' And we did bury a few. He was not only 
loved by members of this General Assembly but the entire staff of this whole organization. 
To me, to go to Roanoke Rapids and go down the street, as Senator Swain said and to see 
the flags at half-mast, to see the people there in that town paying their respects, to have 
worked with a man hke this, all I can say is Thank you, Lord, for sending us Julian 
Allsbrook." 

SENATOR ROYALL: 

"We loved him. God bless him, and members of his family. We are thankful for the 
leadership of this great North Carolinian. He will never be replaced." 



June 20, 1983 



46 SENATE JOURNAL [Second Session 

SENATOR HARDISON: 

"Mr. President, and Ladies and Gentlemen of the Senate: a lot has been said and a lot 
can be said and a lot should be said. But you know, I think the best way that I could sum 
Julian Allsbrook up, other than being a great friend, would be that he was a God-fearing 
man; he was a gentleman, he was a great North Carolinian, and one of the greatest 
Americans I've ever known." 

SENATOR EDWARDS OF GUILFORD: 

"So much has been said that I cannot offer much but to reiterate what has been said. Let 
me add when I first came to the General Assembly in 1965, 1 came at a rather difficult time 
because the — that year those of us who came from Guilford County replaced an all- 
Republican delegation which had been down here the previous time, and so we were all 
new. At that time, I had the privilege of coming to know Senator Allsbrook and became 
close to him because he, although he had not known me before, he was a gentleman and he 
took the time, as has been pointed out, to be nice to everyone, to talk to them, to counsel 
with them. It meant so much to me to be able at that time as a freshman to go to him at any 
time and know that he would give me the direction, give me the advice that I needed. He 
was a dear friend, and I join all of you in the Senate in mourning his loss. Thank you, Mr. 
President." 

SENATOR WARREN: " ' '' "'"'' ''^'- ''"''"'' - ^-'- ■ '' ■ ■'■■-'- 

"Thank you, Mr. President. I could say a lot about Senator Allsbrook, much of which has 
already been said so I won't repeat it. When you knew Senator Allsbrook by reputation 
and when you got to know him by serving in this Body with him, when you learned from 
him as a member of J-I Committee, when you observed the respect in which he was held by 
his fellow North CaroUnians as they observed his funeral, and reflecting on all of that, I 
would simply say there was a man." 

SENATOR BARNES OF WAYNE: .: a 

"Thank you, Mr. President. Ladies and Gentlemen of the Senate, a few minutes ago 
Senator Davis told you that Senator Allsbrook did not always win. None of us always 
wins. First time I met Senator Allsbrook, I was hired to go up in his territory, his county, 
and try a case. I thought I had a pretty good case — Senator Rauch — and got up there 
and tried the case. He was most congenial to me, and — Senator Harrington — he may 
not have been king up there, but the jury thought he was, in any event. When the verdict 
came back, it was on his side, I assure you. It got about 5:00 o'clock and Senator Allsbrook 
gave us some idea, of outside of this General Assembly, his courtesy. He got up and 
suggested to the Judge that we go on another hour or so to finish the case, which it took 
that afternoon, since I was so far out of town. The Judge did so at his suggestion and court 
stayed in until about 6:30 that afternoon, 7:00 o'clock, as a matter. 

"When I came to this General Assembly, I asked first to — I came to this Senate I asked 
to be put on Senator Allsbrook's committee. I found him to be just as the person here that 
would try to accommodate you, who believed in his rights, as he was in his everyday life. 

"He was a giant of a man. North Carolina will miss him, and when Senator Rauch said 
earlier that it's his Constitution — it's all of our Constitution, but it has his flavor in it 



June 20, 1983 



1984] SENATE JOURNAL 47 

more than any other piece of legal paper or any other thing that this General Assembly has 
ever done. He was a giant of a man, and we are going to miss him." 

SENATOR REDMAN: 

"Mr. President and Ladies and Gentlemen of the Senate, I would be somewhat remiss if 
I didn't share with you a couple of things that happened with me and Senator Allsbrook the 
second day that I was here. When I came in as a freshman, I asked around and I said I want 
to know who I can go to that can tell me how to stay out of trouble, and was told, 'Well, the 
person that knows all the rules and knows all about the Constitution is Senator Allsbrook.' 
So I went down to his office and introduced myself and walked in and told him why I was 
there and I said, 'Now, what do I need to do in order to get along down here?' And he says, 
'Well, first of all. Senator,' he says, 'get that Constitution and get a copy of the Rules and 
memorize both of them,' and says, 'that'll help as a start.' He says, 'The other thing that 
you ought to always remember is that this institution is far greater than any individual, so 
don't ever embarrass it.' 

"Well, we — as the time went on, and the second session, he moved out of that office 
and I ended up inheriting his office and he had a tendency to come back over there quite 
often. We'd sit down; we'd discuss some of the — our military backgrounds with each 
other. And on one occasion we were talking about the West Point Code and he says, 'You 
know, probably what we ought to do some day is get involved with an ethics law that 
would substitute every place in that West Point Code where it says a cadet will not do 
such-and-such,' says, 'we ought to put in there maybe that a legislator will neither he, 
cheat nor steal nor tolerate anyone who does.' And I've thought about that many times, 
and that would be probably as fine an ethics law as we could come up with. 

"Senator Allsbrook meant a great deal to me. I went to him many, many times for 
guidance. His door was always open. He kept me out of a lot of trouble, I can assure you of 
that. But he was a man of great integrity, great principles, highest principles, and not only 
those of us that are remaining here can use him as an example, but particularly the young 
people of this State ought to study a little bit more about Senator Allsbrook, and what he 
meant to this State because he's a perfect example of what we all ought to be in this Body. 
Thank you." 

LIEUTENANT GOVERNOR GREEN: 

"I want to say to the Members of the Senate and to the family I appreciate very much 
the comments that have been made today about this great American. 

"Sometimes we have more privileges than we recognize and when I realize that I did 
have the privilege for 21 years consecutively to serve with Senator Julian Allsbrook, I 
can't find the words in my vocabulary, and I've listened very attentively to all the words 
you've used, but I don't find enough words to express adequately my feelings about 
Senator Allsbrook. 

"I was told once when I was five years old, and I guess I was reminded many times 
every day for a lot of days, that the finest tribute that could ever be paid to me or to you 
who are men, is for a person who knows you well and worked with you and associated with 
you to say that with everything else aside, he's a Christian gentleman. I can attest to the 



June 20, 1983 



48 SENATE JOURNAL [Second Session 

fact that a kinder, more gracious, more knowledgeable Christian gentleman never served 
in this Chamber, nor walked the sod of North Carolina. 

"I liked the way Julian had of getting his point across, even though he stood where 
maybe only two or three of you stood. It didn't bother him if just a few people saw it his 
way, because he beUeved in what he believed in and he didn't waver, but I never heard him 
profane nor vulgar in expressing himself to you if you disagreed with him, but I did find 
myself on the few occasions that maybe I did not fully agree with him, searching my soul 
real carefully to find out if I really believed what I was saying I believed because it 
bothered me if I didn't agree with Julian. 

"I want you to remember, the 50 Senators who are here in the '85 and succeeding 
sessions of this Senate, please make it a point, some of you, to on some occasions, and I 
think I ought to put this in there — on some occasion, be sure to mention the Halifax 
Resolves or the Pasquotank Act, because each time you mention either of those the person 
who knew Julian Allsbrook will automatically remember him. And I'd say to the person, 
whomever he or she may be who succeeds me in presiding here, if it's the President Pro 
Tempore, who finds himself or herself appointing committees, you're going to have one 
more to appoint than I've had. You're going to have to appoint a Chairman of J-I. I didn't 
have to do that. That was automatic, and all of you in this Chamber knew it. So I just 
appointed the others. 

"I'd say this in closing, in my personal opinion, Julian Allsbrook as a man, as a father, 
grandfather, citizen — and I want to see one more time just what Webster says about 
citizen, I'm not sure that it says enough — Julian Allsbrook gave to his people, to North 
Carolina, and to this Nation of ours, far more than he ever received." 

The joint resolution passes its second (electronically recorded) and third readings and is 
ordered, without objection, sent to the House of Representatives by special messenger. 

S. J. R. 730, a joint resolution urging that women and racial minority citizens be 
appointed to State boards, commissions, and councils in numbers proportionate to their 
population in the State, with a favorable report. 

S. B. 740, a bill to extend the freeze on the issuance of certificates of need for new 
intermediate care facility beds for the mentally retarded, with a favorable report. 

S. B. 741, a bill to provide time to study the need for and the providing of services by 
home health agencies as alternatives to institutional care, with a favorable report. 

S. B. 742, a bill to make final agency decisions on certificates of need appealable to the 
North Carolina Court of Appeals, with a favorable report. 

S. B. 744, a bill to end the moratorium on nursing home construction, with a favorable 
report. 

S. B. 774, a bill to make technical and clarifying changes to the Certificate of Need Law, 
with a favorable report. 

S. J. R. 777, a joint resolution authorizing the 1984 Regular Session of the General 
Assembly to consider a bill to be entitled an act authorizing counties to establish cemetery 
service districts, with a favorable report. 



June 20, 1983 



1984] SENATE JOURNAL 49 

S. B. 780, a bill to clarify and make technical amendments to Article 17 of Chapter 120 of 
the General Statutes, Confidentiality of Legislative Communications, with a favorable 
report. 

H. J. R. 1486, a joint resolution expressing the General Assembly's disapproval and 
rejection of the unitary method of taxation whereby the worldwide earnings of a multi- 
national business enterprise are subjected to State income tax, with a favorable report. 

H. J. R. 1495, a joint resolution authorizing the 1984 Regular Session of the 1983 
General Assembly to consider a joint resolution requesting the continuation and expan- 
sion of the statewide screening service for the detection of certain metabolic disorders, 
with a favorable report. 

H. J. R. 1499, a joint resolution authorizing the 1984 Regular Session of the General 
Assembly to consider a bill to be entitled an act regarding the letting of contracts for 
airport construction and repair, with a favorable report. 

H. J. R. 1531, a joint resolution authorizing the 1984 Regular Session of the General 
Assembly to consider a bill to be entitled an act to regulate raffles, with a favorable report. 

H. B. 1517, a bill to abolish certain executive branch boards and to consolidate the 
functions of certain executive branch boards, with a favorable report, as amended. 

By Senator Hancock, for the State Government Committee: 

H. B. 907, a bill to set a convening date for the 1985 Session of the General Assembly, 
with a favorable report. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The folio wings bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senator Edwards of Caldwell: 

S. B. 789, a bill to permit the charging of late fees on loans not secured by mortgages. 
Referred to Finance Committee. 

By Senators Marvin, Edwards of Caldwell, Gray, Tally, and Ward: 

S. B. 790, a bill to clarify the procedures to insure payment of child support. 
Referred to Special Ways and Means Committee. 

By Senators Marvin, Harris of Cleveland, and Rauch: 

S. B. 791, a bill to appropriate funds to the Little Theater of Gastonia, Inc. , to renovate 
the theater auditorium. 

Referred to Appropriations Committee. 

By Senators Thomas of Henderson and Hipps: 

S. B. 792, a bill to appropriate funds for a southwestern regional family violence 
program for Cherokee, Clay, Graham, Macon, Swain, Haywood, Jackson, Transylvania, 
Henderson, and Polk Counties. 

Referred to Appropriations Committee. 



June 20, 1983 



50 SENATE JOURNAL [Second Session 

By Senator Duncan: 

S. B. 793, a bill to appropriate funds for the Madison-May odan Recreation Center. 
Referred to Appropriations Committee. 

By Senator Jenkins: 

S. B. 794, a bill to appropriate funds for the James K. Polk Memorial State Historic Site. 
Referred to Appropriations Committee. 

By Senators Royall and Hancock: 

S. B. 795, a bill to appropriate funds to develop a program of training and support for 
families of victims of Alzheimers disease. 
Referred to Appropriations Committee. 

By Senators Woodard, Hardison, Hunt, Johnson, Royall, Staton and Walker: 

S. B. 796, a bill to provide funds for the purchase of a group home residence for autistic 
persons capable of high-level functioning. 
Referred to Appropriations Committee. 

By Senators Gray, Duncan, Edwards of Caldwell, Edwards of Guilford, Hancock, 
Hunt, Jordan, Martin, Marvin, Plyler, Rand, Tally, Ward, and Woodard: 

S. B. 797, a bill to appropriate funds to the Frank Holder Dance Company for its 
statewide dance tour. 

Referred to Appropriations Committee. 

By Senator Kincaid: 

S. B. 798, a bill to change the method of determining the sales price of a motor vehicle in 
a casual sale. 

Referred to Finance Committee. 

By Senator Barnes of Wayne: 

S. B. 799, a bill to appropriate funds for Waynesborough Park in Wayne County. 
Referred to Appropriations Committee. 

By Senators Thomas of Henderson and Hipps: 

S. B. 800, a bill to appropriate funds for the North Carolina State University Mountain 
Horticultural Crops Research Station at Fletcher, North Carolina. 
Referred to Appropriations Committee. 

By Senator Hipps: 

S. B. 801, a bill to provide the State's share of funds for construction of National Guard 
armories in Jefferson, Murphy, Raleigh, and at the Raleigh-Durham Airport. 
Referred to Appropriations Committee. 

By Senator Jenkins: 

S. B. 802, a bill to appropriate funds to Historic Cabarrus, Inc., for the renovation of 
the Old Cabarrus County Courthouse. 



June 20, 1983 



1984] SENATE JOURNAL 51 

Referred to Appropriations Committee. 

By Senator Jenkins: 

S. J. R. 803, a joint resolution authorizing the 1984 Regular Session of the General 
Assembly to consider a bill to be entitled an act to add various acts which may constitute 
grounds for discipline of chiropractors. 

On motion of Senator Jenkins, the rules are suspended (electronically recorded) and the 
joint resolution is placed before the Senate for immediate consideration. 

The joint resolution passes its second (electronically recorded) and third readings and is 
ordered, without objection, sent to the House of Representatives by special messenger. 

By Senator White: 

S. B. 804, a bill to appropriate funds to the Marketing Division of the Department of 
Agriculture for the development of new markets for agricultural products and the im- 
provement of the marketability of these products. 

Referred to Appropriations Committee. 

Senator Royall moves that Rule 40 be suspended to allow the introduction of the 
following joint resolution, which motion prevails by a two-thirds majority vote. 

By Senator Royall: 

S. J. R. 809, a joint resolution authorizing the 1983 General Assembly, 1984 Session, to 
consider a joint resolution memorializing Congress to allow the tobacco excise tax to drop 
to eight cents per pack as currently scheduled. 

On motion of Senator Royall, the rules are suspended and the joint resolution is placed 
before the Senate for immediate consideration. 

The joint resolution passes its second (electronically recorded) and third readings and is 
ordered, without objection, sent to the House of Representatives by special messenger. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 

H. J. R. 1524, a joint resolution providing for joint sessions of the House Committee on 
Public Utilities and the Senate Committee on Public Utilities and Energy to review the 
Governor's appointee to the Utilities Commission and providing for a joint session or 
sessions of the House of Representatives and the Senate to act on confirmation of 
appointment made by the Governor to membership on the North Carolina Utilities 
Commission. 

On motion of Senator Guy, the rules are suspended (electronically recorded) and the 
joint resolution is placed before the Senate for immediate consideration. 

The joint resolution passes its second (electronically recorded) and third readings is 
ordered enrolled. 

H. J. R. 1573, a joint resolution authorizing the 1984 Regular Session of the General 
Assembly to consider a bill to be entitled an act to authorize the Department of Transpor- 
tation to pay for nonbetterment costs of certain water line relocations in the highway 
right-of-way. 

Referred to Rules and Operation of the Senate Committee. 



June 20, 1983 



52 SENATE JOURNAL [Second Session 

H. J. R. 1574, a joint resolution authorizing the 1984 Regular Session of the General 
Assembly to consider a bill to be entitled an act to provide counties more time to publish a 
notice about certain mineral rights. 

Referred to Rules and Operation of the Senate Committee. 

H. B. 1557, a bill to amend the Charlotte Firemen's System. 
Referred to Rules and Operation of the Senate Committee. 

H. J. R. 1581, a joint resolution authorizing the 1984 Regular Session of the General 
Assembly to consider a bill to be entitled an act to exempt parent-teacher associations and 
county boards of education from the various requirements of the raffle law. 

Referred to Rules and Operation of the Senate Committee. 

H. J. R. 1655, a joint resolution authorizing the 1984 Regular Session of the General 
Assembly to consider a bill to be entitled an act to repeal or amend various statutes to 
conform with the North Carolina Rules of Evidence. 

On motion of Senator Barnes of Wayne, the rules are suspended (electronically re- 
corded), and the joint resolution is placed before the Senate for immediate consideration. 

The joint resolution passes its second (electronically recorded) and third readings and is 
ordered enrolled. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

H. B. 1516, a bill to include an area within the corporate limits of the Town of Micro, 
upon second reading. 

The bill passes its second reading by roll-call vote, ayes 43, noes 0, as follows: 

Voting in the affirmative: Senators Alford, Allred, Barnes of Wayne, Barnes of For- 
syth, Daniels, Davis, Duncan, Edwards of Guilford, Edwards of Caldwell, Gray, Guy, 
Hancock, Hardison, Harrington, Hipps, Hunt, Jenkins, Johnson, Jordan, Kincaid, Law- 
ing, Marion, Martin, Marvin, Parnell, Plyler, Rand, Rauch, Redman, Royall, Speed, 
Swain, Tally, Taylor, Thomas of Craven, Thomas of Henderson, Tison, Walker, Ward, 
Warren, White, Winner, and Woodard — 43. 

Voting in the negative: None. ^" "' 

The bill remains on the Calendar upon third reading. 

H. B. 1480, a bill to exempt Cherokee County from certain procedural requirements on 
disposal of land as an industrial park. 
The bill passes its second and third readings and is ordered enrolled. 

H. B. 1492, a bill to allow the City of Statesville to lease certain property for a period of 
twenty-five years. 
The bill passes its second and third readings and is ordered enrolled. 

H. B. 1498, a bill to exempt the City of Washington, Beaufort County from the 
requirements of Article 12 of Chapter 160A of the General Statutes in connection with the 
conveyance of certain land to the Greater Washington Chamber of Commerce. 

The bill passes its second and third readings and is ordered enrolled. 

H. B. 1501, a bill to permit the County of Pitt to lease to the Children's Services of 
Eastern Carolina, Inc., certain real property near the Greenville Nursing and Con- 
valescent Home and a portion of the former Moye property, now owned by Pitt County. 



June 20, 1983 



1984] SENATE JOURNAL 53 

The bill passes its second and third readings and is ordered enrolled. 

H. B. 1515, a bill to provide local flexibility in the financing of the Industrial- 
Agricultural Development Commission of Lenoir County. 

On motion of Senator Hardison, consideration of the bill is postponed until June 27, 
1984. 

H. B. 1520, a bill to repeal the statutory ban on the sale of spiritous liquors, intoxicating 
drinks, ale, beer, lager, porter, cider or bitters in the Town of Siler City. 
The bill passes its second and third readings and is ordered enrolled. 

S. B. 734 (Committee Substitute), a bill to create the North Carolina Hazardous Waste 
Treatment Commission, upon second reading. 

The Committee Substitute bill passes its second reading by roll-call vote, ayes 41, 
noes 2, as follows: 

Voting in the affirmative: Senators Alford, Barnes of Forsyth, Daniels, Davis, Duncan, 
Edwards of Guilford, Edwards of Caldwell, Gray, Guy, Hancock, Hardison, Harrington, 
Hipps, Hunt, Jenkins, Johnson, Jordan, Kincaid, Lawing, Marion, Martin, Marvin, 
Parnell, Plyler, Rand, Rauch, Redman, Royall, Speed, Swain, Tally, Taylor, Thomas of 
Craven, Thomas of Henderson, Tison, Walker, Ward, Warren, White, Winner, and 
Woodard — 41. 

Voting in the negative: Senators Allred, and Barnes of Wayne — 2. 

The Committee Substitute bill remains on the Calendar upon third reading. 

H. B. 385 (Committee Substitute), a bill authorizing a court to order procurement of a 
proper license. 

On motion of Senator Jenkins, Committee Amendment No. 1 is adopted. 

The Committee Substitute bill, as amended, passes its second (electronically recorded) 
and third readings and is ordered sent to the House of Representatives for concurrence in 
Senate Amendment No. 1. 

H. B. 1398, a bill to require an appHcant for appointment of a receiver to furnish a bond 
payable to the adverse party. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

RE-REFERRALS 

H. B. 665, a bill to amend the Corporation Income Tax Act to provide for solar tax 
credits for corporations engaged in service as well as manufacturing businesses. 

On motion of Senator Hardison, the bill is taken from the Appropriations Committee 
and re-referred to the Finance Committee. 

H. B. 666, a bill to amend the Individual Income Tax Act to provide for solar tax credits 
for individuals' service as well as manufacturing businesses. 

On motion of Senator Hardison, the bill is taken from the Appropriations Committee 
and re-referred to the Finance Committee. 

On motion of Senator Lawing, seconded by Senator Marion, the Senate adjourns in 
memory of Senator Julian Allsbrook to meet tomorrow 1:00 P.M. 



June 20, 1983 



54 SENATE JOURNAL [Second Session 

; ONE HUNDRED FORTY-EIGHTH DAY 

Senate Chamber, . 

' " Thursday, June 21, 1984. ■*■''• 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Green, Lieutenant Governor. 

Prayer is offered by the Reverend Claude Godwin, Senate Chaplain, as follows: 

"Heavenly Father, we pray today for the spirit of wisdom, understanding and insight. 
Even the wisest of us is sometimes confused about what is right and what is wrong; or 
what is truly in the best interest of the people. We thank You for the gift of humility that 
reminds us of the need for Your wisdom, but pray that you will not let us become 
discouraged or overcome by indecision. Remind us each day of the power, the wisdom, and 
the courage that are available to us through Your Spirit. Help us to open ourselves to You 
in prayer and meditation, that You may fill our minds, our hearts, and our wills with the 
power that will never fail. Amen." 

Senator Lawing for the Rules and Operation of the Senate Committee announces that 
the Journal of yesterday has been examined and is found to be correct. On his motion, the 
Senate dispenses with the reading of the Journal and it stands approved as written. 

The President grants a leave of absence to Senator Alford for a portion of tomorrow, 
June 22. 

Leaves of absence granted previously to Senators Childers, Staton, and Soles are 
noted. . ., , , ,,,,^. - : ,,, ;,.^ ; . , ,^ , , .,,,, 

: ..'■':■' ,.:"/''-^i.,r'^:H. .,/.',. ENROLLED BILLS .. ^ ■■;.'' ..-.1 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

S. J. R. 702, a joint resolution honoring the life and memory of Senator JuUan R. 

Allsbrook. (Res. 64) ' v - - ,..,,.,. 

S. 3. R. 778, a joint resolution authorizing the 1984 Regular Session of the General 
Assembly to consider a bill to be entitled an act to provide special identification cards may 
be issued to any person twelve years or older by the Divison of Motor Vehicles. (Res. 66) 

S. J. R. 782, a joint resolution authorizing consideration of a bill relating to the theft of 
cable television services. (Res. 65) 

S. J. R. 803, a joint resolution authorizing the 1984 Regular Session of the General 
Assembly to consider a bill to be entitled an act to add various acts which may constitute 
grounds for discipline of chiropractors. (Res. 63) 

H. B. 1480, an act to exempt Cherokee County from certain procedural requirements on 
disposal of land as an industrial park. (Ch. 939) 

H. B. 1492, an act to allow the City of Statesville to lease certain property for a period of 
twenty-five years. (Ch. 940) 

H. B. 1498, an act to exempt the City of Washington, Beaufort County from the 



June 21, 1984 



1984] SENATE JOURNAL 55 

requirements of Article 12 of Chapter 160A of the General Statutes in connection with the 
conveyance of certain land to the Greater Washington Chamber of Commerce. (Ch. 941) 

H. B. 1501, an act to permit the County of Pitt to lease to the Children's Services of 
Eastern Carolina, Inc., certain real property near the Greenville Nursing and Con- 
valescent Home and a portion of the former Moye property, now owned by Pitt County. 
(Ch. 942) 

H. B. 1520, an act to repeal the statutory ban on the sale of spiritous liquors, intoxicat- 
ing drinks, ale, beer, lager, porter, cider or bitters in the Town of Siler City. 
(Ch. 938) 

H. J. R. 1524, a joint resolution providing for joint sessions of the House Committee on 
Public Utilities and the Senate Committee on Public Utilities and Energy to review the 
Governor's appointee to the Utilities Commission and providing for a joint session or 
sessions of the House of Representatives and the Senate to act on confirmation of 
appointment made by the Governor to membership on the North Carolina Utihties 
Commission. (Res. 62) 

H. J. R. 1655, a joint resolution authorizing the 1984 Regular Session of the General 
Assembly to consider a bill to be entitled an act to repeal or amend various statutes to 
conform with the North Carolina Rules of Evidence. (Res. 61) 

REPORTS OF COMMITTEES 

Bill and resolutions are reported from standing and select committees, read by their 
titles, together with the reports accompanying them, and take their place on the Calen- 
dar, as follows: 

By Senator Swain for the Special Ways and Means Committee: 

S. B. 543 (House Committee Substitute), a bill to regulate architects and engineers in 
their relations with contractors, with a favorable report as to concurrence. 

S. B. 706, a bill to permit interstate banking in North Carolina on a reciprocal basis, 
with a favorable report. 

S. B. 783, a bill to clarify the definition of an ambulatory surgical facility, with a 
favorable report, as amended. 

H. B. 738 (Committee Substitute), a bill to provide for strict liability for damages 
resulting from hazardous wastes in North Carolina, with a favorable report, as amended. 

H. B. 1383, a bill concerning inactive hazardous substance disposal sites, with a 
favorable report, as amended. 

By Senator Gray for the State Government/Senior Citizens Committee: 

S. B. 14, a bill to eliminate mandatory retirement at age 70 for persons covered under 
the State Employees or Local Government Employees Retirement System, with an 
unfavorable report as to concurrence. 

On motion of Senator Gray, the rules are suspended and the bill is placed before the 
Senate for immediate consideration. 



June 21, 1984 



56 SENATE JOURNAL [Second Session 

Senator Gray moves that the Senate do not concur in House Amendments 1 and 2, and 
further moves that the President appoint conferees, which motions prevail. 

The President appoints Senators Harris of Cleveland, Chairman; Walker, Gray, Ward, 
and Barnes of Forsyth as conferees on the part of the Senate and a message is ordered sent 
to the House of Representatives informing that Honorable Body of such action. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senators Marion and Duncan: 

S. B. 805, a bill to appropriate funds for flood control on the Ararat River in Surry 
County. 
Referred to Appropriations Committee. - ■/ 

By Senator Daniels: 

S. B. 806, a bill to appropriate funds to the Museum of the Albemarle, the Northeastern 
Museum/Service Branch of the Museum of History. 
Referred to Appropriations Committee. 

By Senator Edwards of Caldwell: 

S. B. 807, a bill to permit interstate mergers and acquisitions of savings and loan 
associations and savings and loan holding companies on a reciprocal basis within a 
specified region. 

Referred to Special Ways and Means Committee. 

By Senators Johnson, Staton, and Woodard: 

S. B. 808, a bill to appropriate funds for the Police/Community Relations Training 
Program in the Department of Administration. 
Referred to Appropriations Committee. 

By Senators Winner and Swain: 

S. B. 810, a bill to appropriate funds for the Belle Chere Festival in Asheville. 
Referred to Appropriations Committee. 

Senator Parnell moves that Rule 40 be suspended to allow the introduction of the 
following joint resolution, which motion prevails by a two-thirds majority vote (electroni- 
cally recorded). ^ .. , 

By Senator Parnell: 

S. J. R. 811, a joint resolution authorizing the 1983 General Assembly, 1984 Session, to 
consider a bill to be entitled an act to permit non-Indians to become tenants of housing 
provided by the State Indian Housing Authority. 

On motion of Senator Parnell, the rules are suspended (electronically recorded) and the 
joint resolution is placed before the Senate for immediate consideration. 

The joint resolution passes its second (electronically recorded) and third readings and is 
ordered, without objection, sent to the House of Representatives by special messenger. 



June 21, 1984 



1984] SENATE JOURNAL 57 

By Senator Swain: 

S. B. 812, a bill to appropriate funds to the Wings Cultural Program at North Carolina 
Correctional Center for Women. 
Referred to Appropriations Committee. 

By Senator Daniels: 

S. B. 813, a bill to appropriate funds for the operation of the Aycock Brown Welcome 
Center, 
Referred to Appropriations Committee. 

By Senator Hipps: 

S. B. 814, a bill to appropriate funds for the establishment of a Dispute Settlement 
Center in Henderson County. 
Referred to Appropriations Committee. 

By Senator Hipps: 

S. B. 815, a bill to permit members of the Teachers' and State Employees' Retirement 
System to purchase service credits for employment with a local government employer and 
to repeal the provision for local government service credits at no cost to members with 
past service with a new participating employer in the Local Governmental Employees' 
Retirement System. 

Referred to Pensions and Retirement Committee. 

By Senator Plyler: 

S. B. 816, a bill to provide funds for Poultry Disease Diagnostic Services. 
Referred to Appropriations Committee. 

By Senators Harris of Cleveland, Alford, and Thomas of Craven: 

S. B. 817, a bill allowing the Department of Transportation to include a municipal street 
as part of the right-of-way when improving a State highway. 
Referred to Judiciary III Committee. 

By Senators Walker, Edwards of Guilford, Hancock, Hardison, Hunt, Jordan, Royall, 
Tally, and Woodard: 

S. B. 818, a bill to appropriate funds to provide vocational training for autistic adults. 
Referred to Appropriations Committee. 

By Senators Walker, Edwards of Guilford, Hancock, Hardison, Hunt, Jordan, Royall, 
Tally, and Woodard: 

S. B. 819, a bill to estabhsh a group home for autistic adults. 
Referred to Appropriations Committee. 

By Senators Rand and Edwards of Caldwell: 

S. B. 820, a bill to appropriate funds to the Department of Justice to provide for 
implementation of the Radar Act. 

Referred to Appropriations Committee. 



June 21, 1984 



58 SENATE JOURNAL [Second Session 

By Senator Lawing: 

S. B. 821, a bill to change the expiration date of the Life Care Centers Certificate of 
Need Law. 
Referred to Rules and Operation of the Senate Committee. 

By Senator Parnell: 

S. B. 822, a bill to appropriate funds for the operation of the Tribal Economic Develop- 
ment Project. 

Referred to Appropriations Committee. 

By Senators Davis, Alford, Daniels, Gray, Guy, Hancock, Harris of Cleveland, Hunt, 
Marvin, Taylor, Walker, Ward, White, and Woodard: 

S. B. 823, a bill to provide funds for poultry breeder research. 
Referred to Appropriations Committee. 

By Senators Tally, Gray, Hunt, Jenkins, Jordan, Kincaid, Marvin, Redman, Speed, 
Taylor, Tison, and Wright: , o . 

S. B. 824, a bill to appropriate funds for the North Carolina Student Legislature. 
Referred to Appropriations Committee. 

Senator Warren moves that Rule 40 be suspended to allow the introduction of the 
following joint resolution, which motion prevails by a two-thirds majority vote (electroni- 
cally recorded). 

By Senator Warren: 

S. J. R. 828, a joint resolution to amend the Constitution and the General Statutes to 
change the method of selecting the members of the State Board of Education and to make 
the Office of the Superintendent of Public Instruction appointive. 

On motion of Senator Warren, the rules are suspended (electronically recorded) and the 
joint resolution is placed before the Senate for immediate consideration. 

The joint resolution passes its second (electronically recorded) and third readings and is 
ordered, without objection, sent to the House of Representatives by special messenger. 

Senator Lawing moves that Rule 40 be suspended to allow the introduction of the 
following joint resolution, which motion prevails by a two-thirds majority vote (electroni- 
cally recorded). 

By Senators Lawing and Tison: 

S. J. R. 829, a joint resolution authorizing the 1983 General Assembly, 1984 Session, to 
consider a bill to be entitled an act to change the expiration date of the Life Care Centers 
Certificate of Need Law. 

On motion of Senator Lawing, the rules are suspended (electronically recorded) and the 
joint resolution is placed before the Senate for immediate consideration. 

The joint resolution passes its second (electronically recorded) and third readings and is 
ordered, without objection, sent to the House of Representatives by special messenger. 

Senator Swain moves that Rule 40 be suspended to allow the introduction and referral 
to committee of the following bill, which motion prevails by a two-thirds majority vote 
(electronically recorded). 



June 21, 1984 



1984] SENATE JOURNAL 59 

By Senator Swain: 

S. B. 832, a bill to provide that special identification cards may be issued to any person 
12 years or older by the Divison of Motor Vehicles. 
Referred to Appropriations Committee. 

RECALL FROM ENROLLING 

H. B. 1398, a bill to require an applicant for appointment of a receiver to furnish a bond 
payable to the adverse party. 

Senator Swain offers a motion that H. B. 1398 be recalled from the Enrolling Office for 
further consideration, which motion prevails. 

Senator Swain moves that the vote by which the bill passed its third reading be 
reconsidered, which motion prevails. 

Senator Swain offers Amendment No. 1, which is adopted. 

The bill, as amended, passes its third (electronically recorded) reading and is ordered 
sent to the House of Representatives for concurrence in Senate Amendment No. 1. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 

H. B. 1513 (Committee Substitute), a bill to change the State tax structure for 
commodities and services provided by certain utilities to enable individuals to deduct the 
taxes on these commodities and services from their federal income. 

Referred to Finance Committee. 

H. B. 1529, a bill to authorize wildlife enforcement officers to enforce the littering law in 
certain cases in Rutherford County. 

Referred to Special Ways and Means Committee. 

H. B. 1532, a bill to clarify the discretion of the Orange County Board of Elections in 
choosing a location for the additional one-stop absentee voting office approved by the 
General Assembly in the 1983 Regular Session. 

Referred to Special Ways and Means Committee. 

H. B. 1536, a bill to raise the force account construction hmit for the City of Lumberton. 
Without objection, the rules are suspended, and the bill is placed before the Senate for 
immediate consideration. 
The bill passes its second and third readings and is ordered enrolled. 

H. B. 1541, a bill providing for a reduction in proposed water and sewer assessments in 
the City of Washington. 

On motion of Senator Daniels, the rules are suspended and the bill is placed before the 
Senate for immediate consideration. 

The bill passes its second and third readings and is ordered enrolled. 

H. B. 1552, a bill to authorize municipalities within Mecklenburg County to enter into 
agreements concerning annexations. 

Without objection, the rules are suspended, and the bill is placed before the Senate for 
immediate consideration. 

The bill passes its second and third readings and is ordered enrolled. 



June 21. 1984 



60 SENATE JOURNAL [Second Session 

H. B. 1553, a bill relating to Charlotte uptown development projects. 
Without objection, the rules are suspended, and the bill is placed before the Senate for 
immediate consideration. 
The bill passes its second and third readings and is ordered enrolled. 

H. B. 1555, a bill to provide that as to the City of Charlotte, members of the City Council 
excused from voting shall not be included in determining the results of a vote on a zoning 
protest petition. 

Without objection, the rules are suspended, and the bill is placed before the Senate for 
immediate consideration. 

The bill passes its second and third readings and is ordered enrolled. 

H. B. 1556, a bill to amend the Charter of the City of Charlotte relating to the 
Auditorium-Coliseum-Civic Center Authority. 

Without objection, the rules are suspended, and the bill is placed before the Senate for 
immediate consideration. 

The bill passes its second and third readings and is ordered enrolled. 

H. B. 1558, a bill to increase the number of members of the Moore County Board of 
Alcoholic Control from three to five members and to change residency requirements. 

Without objection, the rules are suspended, and the bill is placed before the Senate for 
immediate consideration. 

The bill passes its second and third readings and is ordered enrolled. 

H. B. 1559, a bill to regulate road hunting in Jones County. 
Referred to Special Ways and Means Committee. 

H. B. 1560, a bill regarding discounts for payments of property tax in Lincoln County. 
Without objection, the rules are suspended, and the bill is placed before the Senate for 
immediate consideration. 
The bill passes its second and third readings and is ordered enrolled. 

H. B. 1561, a bill to raise the force account construction limit for Duplin County. 
Without objection, the rules are suspended, and the bill is placed before the Senate for 
immediate consideration. 
The bill passes its second and third readings and is ordered enrolled. 

H. B. 1562, a bill to allow Jones County to sell certain property at private sale, and to 
ratify an agreement under the Community Development Block Grant Program. 

Without objection, the rules are suspended, and the bill is placed before the Senate for 
immediate consideration. 

The bill passes its second and third readings and is ordered enrolled. 

H. B. 1605, a bill to allow members and employees of the Charlotte Redevelopment 
Commission to acquire property in a redevelopment area for their principal place of 
business. 

Without objection, the rules are suspended, and the bill is placed before the Senate for 
immediate consideration. 

The bill passes its second and third readings and is ordered enrolled. 

H. B. 1608, a bill to permit Alleghany County to match a grant under the Public Works 
Act. 



June 21, 1984 



1984] SENATE JOURNAL 61 

Without objection, the rules are suspended, and the bill is placed before the Senate for 
immediate consideration. 
The bill passes its second and third readings and is ordered enrolled. 

H. B. 1609, a bill to restore extraterritorial zoning and planning jurisdiction to the Town 
of Huntersville. 

Without objection, the rules are suspended, and the bill is placed before the Senate for 
immediate consideration. 

The bill passes its second and third readings and is ordered enrolled. 

H. B. 1610, a bill to allow the Town of Walstonburg to sell certain property at private 
sale. 
Referred to Special Ways and Means Committee. 

H. B. 1616, a bill to make unauthorized water connections a crime in Dare County. 
Without objection, the rules are suspended, and the bill is placed before the Senate for 
immediate consideration. 
The bill passes its second and third readings and is ordered enrolled. 

H. B. 1617, a bill to permit persons to engage in business as pawnbrokers in un- 
incorporated areas of Dare County. 

Without objection, the rules are suspended, and the bill is placed before the Senate for 
immediate consideration. 

The bill passes its second and third readings and is ordered enrolled. 

H. B. 1624, a bill to include one satellite area within the corporate limits of the Town of 
Edenton. 

Without objection, the rules are suspended, and the bill is placed on the Calendar for 
tomorrow, June 22, upon second reading. 

H. B. 1626, a bill to eliminate the requirement in Durham County that cosmetologists 
shall employ only licensed personnel to do shampooing. 
Referred to Special Ways and Means Committee. 

H. J. R. 1663, a joint resolution authorizing the 1984 Regular Session of the General 
Assembly to consider a bill to be entitled an act to amend the law relating to weight of 
vehicles and loads. 

Referred to Rules and Operation of the Senate Committee. 

H. J. R. 1683, a joint resolution authorizing the 1984 Regular Session of the General 
Assembly to consider a bill to be entitled an act to put North Carolina in compliance with a 
Federal Court decision concerning straight ticket voting. 

Referred to Rules and Operation of the Senate Committee. 

SPECIAL MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

The following special messages are received from the House of Representatives: 

H. B. 1413, a bill to prohibit full-time State employees from receiving any State 
retirement benefits while employed. 

Referred to Pensions and Retirement Committee. 

H. B. 1496 (Committee Substitute), a bill to modify current operations and capital 



June 21, 1984 



62 SENATE JOURNAL [Second Session 

improvements appropriations for North Carolina State Government for the 1984-85 Fiscal 
Year and to make other changes in the budget operation of the State. 

Senator Hardison offers a motion to suspend the rules to the end that the bill may be 
placed before the Senate for immediate consideration, which motion fails to prevail for 
lack of a two-thirds majority. 

H. B. 1543, a bill concerning the time of election of the Chairman and Vice-Chairman of 
the Wake County Board of Education. 

Without objection, the rules are suspended, and the bill is placed before the Senate for 
immediate consideration. 

The bill passes its second and third readings and is ordered enrolled. 

H. B. 1563, a bill to allow the Town of Chapel Hill to participate in economic develop- 
ment projects. 

Without objection, the rules are suspended, and the bill is placed before the Senate for 
immediate consideration. 

The bill passes its second and third readings and is ordered enrolled. 

H. B. 1575, a bill to allow Craven County to levy a room occupancy and tourism 
development tax. 

On motion of Senator Thomas of Craven, the rules are suspended, and the bill is placed 
on the Calendar for tomorrow, June 22, upon second reading. 

H. B. 1576, a bill to annex property to the Town of Four Oaks. 
On motion of Senator Warren, the rules are suspended, and the bill is placed on the 
Calendar for tomorrow, June 22, upon second reading. 

H. B. 1584, a bill to allow the City of Oxford, Granville County, to make street 
improvements and assess without petition. 

Without objection, the rules are suspended, and the bill is placed on the Calendar for 
tomorrow, June 22, upon second reading. 

H. B. 1590, a bill to authorize and implement an occupancy tax in Cumberland County. 
Without objection, the rules are suspended, and the bill is placed on the Calendar for 
tomorrow, June 22, upon second reading. 

H. B. 1595, a bill authorizing the Town of Long Beach to levy an occupancy tax and to 
protect city occupancy tax returns from disclosure. 

Without objection, the rules are suspended, and the bill is placed on the Calendar for 
tomorrow, June 22, upon second reading. 

H. B. 1602, a bill to provide that the sheriff issue Lincoln County weapon permits. 
Without objection, the rules are suspended, and the bill is placed before the Senate for 
immediate consideration. 
The bill passes its second and third readings and is ordered enrolled. ' 

H. B. 1604, a bill to provide a fixed pay date for pubhc school employees of the 
Kannapolis City School Administrative Unit. 

Without objection, the rules are suspended, and the bill is placed before the Senate for 
immediate consideration. 

The bill passes its second and third readings and is ordered enrolled. 



June 21, 1984 



1984] SENATE JOURNAL 63 

H. B. 1621, a bill to allow Guilford County to levy a room occupancy and tourism 
development tax. 

Without objection, the rules are suspended, and the bill is placed on the Calendar for 
tomorrov^^, June 22, upon second reading. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

H. B. 1516, a bill to include an area within the corporate limits of the Town of Micro, 
upon third reading. 

The bill passes its third reading by roll-call vote, ayes 47, noes 0, as follows: 

Voting in the affirmative: Senators Alford, Allred, Ballenger, Barnes of Wayne, Barnes 
of Forsyth, Daniels, Davis, Edwards of Guilford, Edwards of Caldwell, Gray, Guy, 
Hancock, Hardison, Harrington, Harris of Mecklenburg, Harris of Cleveland, Hipps, 
Hunt, Jenkins, Johnson, Jordan, Kincaid, Lawing, Marion, Martin, Marvin, Parnell, 
Plyler, Rand, Rauch, Redman, Royall, Soles, Speed, Swain, Tally, Taylor, Thomas of 
Craven, Thomas of Henderson, Tison, Walker, Ward, Warren, White, Winner, Woodard, 
and Wright — 47. 

Voting in the negative: None. 

The bill is ordered enrolled. 

S. B. 725, a bill to amend the Gastonia Firemen's Supplementary Pension Fund. 
The bill passes its second and third readings and is ordered sent to the House of 
Representatives. 

S. B. 734 (Committee Substitute), a bill to create the North CaroHna Hazardous Waste 
Treatment Commission, upon third reading. 

The Committee Substitute bill passes its third reading by roll-call vote, ayes 45, noes 2, 
as follows: 

Voting in the affirmative: Senators Alford, Ballenger, Barnes of Forsyth, Daniels, 
Davis, Edwards of Guilford, Edwards of Caldwell, Gray, Guy, Hancock, Hardison, 
Harrington, Harris of Mecklenburg, Harris of Cleveland, Hipps, Hunt, Jenkins, Johnson, 
Jordan, Kincaid, Lawing, Marion, Martin, Marvin, Parnell, Plyler, Rand, Rauch, Red- 
man, Royall, Soles, Speed, Swain, Tally, Taylor, Thomas of Craven, Thomas of Hender- 
son, Tison, Walker, Ward, Warren, White, Winner, Woodard, and Wright — 45. 

Voting in the negative: Senators Allred and Barnes of Wayne — 2. 

The Committee Substitute bill is ordered, without objection, sent to the House of 
Representatives by special messenger. 

H. B. 1099, a bill to provide an income tax credit to farmers who permit their crops to be 
gleaned, upon second reading. 

On motion of Senator Rauch, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second reading by roll-call vote, ayes 45, noes 0, as 
follows: 

Voting in the affirmative: Senators Alford, Allred, Ballenger, Barnes of Wayne, Barnes 
of Forsyth, Daniels, Davis, Edwards of Guilford, Edwards of Caldwell, Gray, Guy, 
Hancock, Harrington, Harris of Mecklenburg, Harris of Cleveland, Hipps, Hunt, Jen- 
kins, Johnson, Kincaid, Lawing, Marion, Martin, Marvin, Parnell, Plyler, Rand, Rauch, 
Redman, Royall, Soles, Speed, Swain, Tally, Taylor, Thomas of Craven, Thomas of 
Henderson, Tison, Walker, Ward, Warren, White, Winner, Woodard, and Wright — 45. 



June 21, 1984 



64 SENATE JOURNAL [Second Session 

Voting in the negative: None. 

The bill, as amended, remains on the Calendar, upon third reading. 

The President orders a special message sent to the House of Representatives informing 
that Honorable Body that the Senate stands ready to repair to the Hall of the House of 
Representatives, pursuant to H. J. R. 1524, a joint resolution providing for joint sessions 
of the House Committee on PubUc Utilities and the Senate Committee on Pubhc Utilities 
and Energy to review the Governor's appointee to the Utilities Commission and providing 
for a joint session or sessions of the House of Representatives and the Senate to act on 
confirmation of appointment made by the Governor to membership on the North Carolina 
Utilities Commission. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

House OF Representatives ,, 

' \ June 21, 1984 ''' 

Mr. President: ' '■ ' 

It is ordered that a message be sent your Honorable Body with the information that 
pursuant to H. J. R. 1524, A JOINT RESOLUTION PROVIDING FOR JOINT SES- 
SIONS OF THE HOUSE COMMITTEE ON PUBLIC UTILITIES AND THE SEN- 
ATE COMMITTEE ON PUBLIC UTILITIES AND ENERGY TO REVIEW THE 
GOVERNOR'S APPOINTEE TO THE UTILITIES COMMISSION AND PROVID- 
ING FOR A JOINT SESSION OR SESSIONS OF THE HOUSE OF REPRESENTA- 
TIVES AND THE SENATE TO ACT ON CONFIRMATION OF APPOINTMENT 
MADE BY THE GOVERNOR TO MEMBERSHIP ON THE NORTH CAROLINA 
UTILITIES COMMISSION, the House of Representatives stands ready to receive the 
Senate in Joint Session at 2:00 P.M. on Thursday, June 21, 1984. 

• ' Respectfully, "' ' • 

' ' S/ Grace A. Collins >' ""f- 

'"■"' ■ ' ' ■ . Principal Clerk 

On motion of Senator Lawing, in accordance with H. J. R. 1524, the Senate recesses to 
repair to the Hall of the House of Representatives there to sit in Joint Session, and on his 
further motion, upon dissolution of the Joint Session to return to the Senate Chamber for 
the further consideration of business. 

JOINT SESSION 

The Senate is received by the Members of the House of Representatives standing, and 
the Joint Session is called to order by Lieutenant Governor James C. Green. 

The Clerk of the Senate calls the roll of the Senate, and the following Members answer 
the call: Senators Alford, Allred, Ballenger, Barnes of Wayne, Barnes of Forsyth, 
Daniels, Davis, Edwards of Guilford, Edwards of Caldwell, Gray, Guy, Hancock, Hardi- 
son, Harrington, Harris of Mecklenburg, Harris of Cleveland, Hipps, Hunt, Jenkins, 
Johnson, Jordan, Kincaid, Lawing, Marion, Martin, Marvin, Parnell, Plyler, Rand, 
Ranch, Redman, Royall, Soles, Speed, Swain, Tally, Taylor, Thomas of Craven, Thomas 



June 21, 1984 



1984] SENATE JOURNAL 65 

of Henderson, Tison, Walker, Ward, Warren, White, Winner, Woodard, and 
Wright — 47. 

The roll-call of the House of Representatives is recorded electronically, and the follow- 
ing Members answer the call: Speaker Ramsey, Representatives Adams, Allran, An- 
derson, Auman, Ballance, Barbee, Barnes, Beall, Beam, Beard, Black, Blue, Bowen, 
Boyd, Brannan, Brawley, Brown, Bumgardner, Burnley, Chapin, Childress, Church, 
Clark, Coble, Cochrane, Colton, J. W. Crawford, N. J. Crawford, Creecy, DeVane, 
Diamont, Easterling, Economos, Enloe, Bob Etheridge, W. B. Ethridge, Evans, Fenner, 
Fletcher, Foster, Fussell, Gentry, Gillam, Gist, Greenwood, Grimsley, Hackney, Hasty, 
Hauser, Hayden, Helms, Hightower, Holmes, Holt, Hudson, C. Hughes, J. Hughes, 
Hunt, Hunter, Huskins, James, Jarrell, Jeralds, Jones, Jordan, Keesee, Kennedy, 
Lacey, Lambeth, Lancaster, Lee, Ligon, Lilley, Locks, Lutz, McAhster, McDowell, 
Mavretic, Miller, Murphy, Musselwhite, Nash, Nesbitt, Owens, Payne, Poovey, Pulley, 
Quinn, Redwine, Rhodes, Robinson, Seymour, Slaughter, Sparrow, Spaulding, Spoon, 
Stamey, Tennille, Thomas, Tyndall, Varner, Warren, Watkins, Wicker, Womble, B. P. 
Woodard, C. D. Woodard, and Wright — 109. 

A quorum of each Body being declared present, the Joint Session proceeds with the 
business for which it is convened. 

The President of the Senate directs the Reading Clerk of the House of Representatives 
to read the following message from the Governor: 

State of North Carohna 
Office of the Governor 
' / Raleigh 27611 

June 7, 1984 

The Honorable Liston Ramsey 
Speaker of the House of Representatives 
North Carolina General Assembly 
Raleigh, North Carolina 

The Honorable Jimmy Green 

Lieutenant Governor \ 

State of North Carolina 

Raleigh, North Carolina 

Re: Confirmation of Charles Branford as a Member of the North Carolina Utilities 
Commission 

Gentlemen: 

On February 6, 1984, 1 appointed Charles Branford to fill a vacancy on the North Carolina 
Utilities Commission. The General Assembly was in recess at that time. Therefore, my 
appointment was made pursuant to the provisions of N. C. G. S. 62-10(g). 

Under the provisions of N. C. G. S. 62-10(a), I now submit to the General Assembly for 
confirmation Charles Branford to be a member of the North Carolina Utilities Commis- 
sion, for a term which will expire June 30, 1985. 

I am enclosing a copy of my appointment letter, the commission of appointment, and the 
oath of office for Mr, Branford. 



June 21, 1984 



"66 SENATE JOURNAL [Second Session 

Thank you for your consideration of this matter. 
My warmest personal regards. 

Sincerely, 

; ;-• -,-::?-'■ ..}fi ,t:" S/ James B, Hunt, Jr. 

The President recognizes Senator Guy, Chairman of the Senate Public Utilities and 
Energy Committee and then Representative Seymour, Chairman of the House of 
Representatives Public Utilities Committee, who submit the following Committee 
reports: 

'''''" North Carolina General Assembly 
' * ^ " ^ Senate Chamber ' ' ' " 

- State Legislative Building 

- ' Raleigh 27611 

June 20, 1984 

The Honorable James C. Green 
President of the Senate 
Lieutenant Governor of North Carolina 
Raleigh, North Carolina 27611 

Dear Mr. President: 

In compliance with the provisions of G. S. 62-10(a) that nominees to fill positions on the 
Utilities Commission shall be subject to confirmation by the General Assembly in Joint 
Session, Governor Hunt has submitted for confirmation by the General Assembly the 
following name: • 

Mr. Charles E. Branford as Commissioner to succeed Mr. Leigh Hammond 

The Senate Committee on Public Utihties has considered the nominee and makes the 
following recommendation to this Joint Session: 

That the nomination of Mr. Charles E. Branford as Commissioner of the North CaroHna 
Utihties Commission be confirmed. 

Respectfully submitted, 

S/ Senator A. D. Guy, Chairman 

,/ r, , < V '! :, : ,, Public Utilities Committee ,.,, 



North Carolina General Assembly 

House of Representatives 

State Legislative Building 

Raleigh 27611 



June 19, 1984 



The Honorable Liston B. Ramsey 
Speaker of the House of Representatives 
North Carohna General Assembly 
Raleigh, North Carolina 27611 



June 21, 1984 



1984] SENATE JOURNAL 67 

Dear Speaker Ramsey: 

In compliance with the provisions of G. S. 62-10(a) that nominees to fill positions on the 
Utilities Commission shall be subject to confirmation by the General Assembly in Joint 
Session, Governor Hunt has submitted for confirmation by the General Assembly the 
following name: 

Mr. Charles E. Branford as Commissioner to succeed Mr. Leigh Hammond 

The House Committee on Pubhc UtiHties has considered the nominee and makes the 
following recommendation to this Joint Session: 

That the nomination of Mr. Charles E. Branford as Commissioner of the North Carolina 
Utilities Commission be confirmed. 

Respectfully submitted, 

S/ Representative Mary P. Seymour 

Chairmayi, Public Utilities Committee 

Senator Guy moves that the Senate do confirm the appointment of Mr. Charles E. 
Branford as a member of the North Carolina Utilities Commission. Representative 
Seymour moves that the House of Representatives do confirm the appointment of 
Mr. Charles E. Branford as a member of the North Carolina Utilities Commission. 

The President of the Senate orders that the roll of the House shall be taken electronical- 
ly, and the roll of the Senate shall be called, after which the results of the vote of each Body 
shall be announced. 

The motions to confirm the appointment of Mr. Charles E. Branford as a member of the 
North Carolina Utilities Commission prevail by the following roll-call votes: 

Senate — ayes 47, noes 0, as follows: 

Voting in the affirmative: Senators Alford, Allred, Ballenger, Barnes of Wayne, Barnes 
of Forsyth, Daniels, Davis, Edwards of Guilford, Edwards of Caldwell, Gray, Guy, 
Hancock, Hardison, Harrington, Harris of Mecklenburg, Harris of Cleveland, Hipps, 
Hunt, Jenkins, Johnson, Jordan, Kincaid, Lawing, Marion, Martin, Marvin, Parnell, 
Plyler, Rand, Ranch, Redman, Royall, Soles, Speed, Swain, Tally, Taylor, Thomas of 
Craven, Thomas of Henderson, Tison, Walker, Ward, Warren, White, Winner, Woodard, 
and Wright — 47. 

Voting in the negative: None. 

House of Representatives — ayes 110, noes 0, as follows: Speaker Ramsey, Repre- 
sentatives Adams, Allran, Anderson, Auman, Barbee, Barnes, Beall, Beam, Beard, 
Berry, Black, Blue, Bowen, Boyd, Brannan, Brawley, Brown, Bumgardner, Burnley, 
Chapin, Childress, Church, Clark, Coble, Cochrane, Colton, J. W. Crawford, N. J. 
Crawford, Creecy, DeVane, Diamont, EasterUng, Economos, Enloe, Bob Etheridge, W. 
B. Ethridge, Evans, Fenner, Fletcher, Foster, Fussell, Gentry, Gillam, Gist, Green- 
wood, Grimsley, Hackney, Hasty, Hauser, Hayden, Helms, Hightower, Holmes, Holt, 
Hudson, C. Hughes, J. Hughes, Hunt, Hunter, Huskins, James, Jarrell, Jeralds, Jones, 
Jordan, Keesee, Kennedy, Lacey, Lambeth, Lancaster, Lee, Ligon, Lilley, Locks, Lutz, 
McAlister, McDowell, Mauney, Mavretic, Miller, Murphy, Musselwhite, Nash, Nesbitt, 
Owens, Payne, Poovey, Pulley, Quinn, Redwine, Rhodes, Robinson, Seymour, Slaugh- 
ter, Sparrow, Spaulding, Spoon, Stamey, Tennille, Thomas, Tyndall, Varner, Warren, 
Watkins, Wicker, Womble, B. P. Woodard, C. D. Woodard, and Wright — 110. 



June 21, 1984 



68 SENATE JOURNAL [Second Session 

Voting in the negative: None. 

Having received a majority of votes of both Houses, the appointment of Mr. Charles E. 
Branford as a member of the North Carolina Utilities Commission is confirmed. 

It is ordered by the President of the Senate that the Governor be notified of the action of 
the General Assembly, sitting in Joint Session, upon the confirmation of the appointment 
of Mr. Charles E. Branford as a member of the North Carolina Utihties Commission. 

On motion of Senator Lawing, the Joint Session is dissolved and pursuant to the motion 
heretofore made, the Senate returns to its Chamber. 

The Senate resumes consideration of its regular business. , ; ; , - 

CALENDAR (Continued) 

(The Chair declares the voting equipment inoperative for a portion of today's Session.) 

S. B, 728, a bill to reduce the fee rate for administration of estates. 

Without objection. Senator Harris of Cleveland is excused from voting (electronically 
recorded) for the following reason: "Conflict of Interest". 

The bill passes its second (electronically recorded) and third readings and is ordered 
sent to the House of Representatives. 

S. J. R. 730, a joint resolution urging that women and racial minority citizens be 
appointed to State boards, commissions, and councils in numbers proportionate to their 
population in the State. 

Senator Harris of Cleveland offers Amendment No. 1, which is adopted (electronically 
recorded). 

The joint resolution, as amended, passes its second (electronically recorded) and third 
readings and is ordered engrossed and sent to the House of Representatives. 

S. B. 731, a bill to provide an additional tax exemption for parents of individuals with 
cystic fibrosis. 

On motion of Senator Rauch, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second (electronically recorded) and third readings and 
is ordered engrossed and sent to the House of Representatives. 

S. B. 737, a bill to provide a sales tax exemption for legal tender and precious metal 
bullion. 

The bill passes its second (electronically recorded) and third readings and is ordered 
sent to the House of Representatives. 

S. B. 740, a bill to extend the freeze on the issuance of certificates of need for new 
intermediate care facility beds for the mentally retarded. 

The bill passes its second (electronically recorded) and third readings and is ordered 
sent to the House of Representatives. -)i:J 

S. B. 741, a bill to provide time to study the need for and the providing of services by 
home health agencies as alternatives to institutional care. 

The bill passes its second and third readings and is ordered sent to the House of 
Representatives. 



June 21, 1984 



1984] SENATE JOURNAL 69 

S. B. 742, a bill to make final agency decisions on certificates of need appealable to the 
North Carolina Court of Appeals. 

Senator Barnes of Wayne offers Amendment No. 1 which is adopted (electronically 
recorded). 

The bill, as amended, passes its second (electronically recorded) and third readings and 
is ordered engrossed and sent to the House of Representatives. 

S. B. 744, a bill to end the moratorium on nursing home construction. 
The bill passes its second (electronically recorded) and third readings and is ordered 
sent to the House of Representatives. 

S. B. 750, a bill to phase out over a five-year period the tax on intangible personal 
property that is now classified and taxed at specific rates, and to provide funds to partially 
compensate local governments for the revenue loss. 

Senator Hipps offers Amendment No. 1 which is adopted. 

On motion of Senator Daniels the bill is ordered engrossed and re-referred to the 
Appropriations Committee. 

S. B. 758, a bill to create a public employee supplemental income retirement plan. 
On motion of Senator Harris of Mecklenburg, Committee Amendment No. 1 is adopted. 
The bill, as amended, passes its second (electronically recorded) and third readings and 
is ordered engrossed and sent to the House of Representatives. 

S. B. 774, a bill to make technical and clarifying changes to the Certificate of Need Law. 
Senator Lawing offers Amendment No. 1 which is adopted. 
The bill, as amended, passes its second reading. 
Senator Rand offers Amendment No. 2 which is adopted. 

The bill, as amended, passes its third reading and is ordered engrossed and sent to the 
House of Representatives. 

S. J. R. 777, a joint resolution authorizing the 1984 Regular Session of the General 
Assembly to consider a bill to be entitled an act authorizing counties to establish cemetery 
service districts. 

The joint resolution passes its second and third readings and is ordered, without 
objection, sent to the House of Representatives by special messenger. 

S. B. 780, a bill to clarify and make technical amendments to Article 17 of Chapter 120 of 
the General Statutes, Confidentiality of Legislative Communications. 

The bill passes its second and third readings and is ordered sent to the House of 
Representatives. 

H. B. 541 (Committee Substitute), a bill to provide an income tax credit for the purchase 
of conservation tillage equipment for agriculture and forestry. 
On motion of Senator Redman, consideration of the bill is postponed untilJune 22, 1984. 

H. B. 907, a bill to set a convening date for the 1985 Session of the General Assembly. 
The bill passes its second and third readings and is ordered enrolled. 

H. J. R. 1486, a joint resolution expressing the General Assembly's disapproval and 
rejection of the unitary method of taxation whereby the worldwide earnings of a multi- 
national business enterprise are subjected to State income tax. 

The joint resolution passes its second and third readings and is ordered enrolled. 



June 21, 1984 



70 SENATE JOURNAL [Second Session 

H. J. R. 1495, a joint resolution authorizing the 1984 Regular Session of the 1983 
General Assembly to consider a joint resolution requesting the continuation and expan- 
sion of the statewide screening service for the detection of certain metabohc disorders. 

The joint resolution passes its second and third readings and is ordered enrolled. 

H. J. R, 1499, a joint resolution authorizing the 1984 Regular Session of the General 
Assembly to consider a bill to be entitled an act regarding the letting of contracts for 
airport construction and repair. 

The joint resolution passes its second and third readings and is ordered enrolled. 

H. B. 1517, a bill to abolish certain executive branch boards and to consolidate the 
functions of certain executive branch boards. 

On motion of Senator Lawing, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second and third readings and is ordered sent to the 
House of Representatives for concurrence in Senate Amendment No. 1. : ; > ,; 

H. J. R. 1531, a joint resolution authorizing the 1984 Regular Session of the General 
Assembly to consider a bill to be entitled an act to regulate raffles. 
The joint resolution passes its second and third readings and is ordered enrolled. 

RECOMMITTAL 

H. B. 738 (Committee Substitute), a bill to provide for strict liability for damages 
resulting from hazardous wastes in North Carolina. 

On motion of Senator Swain the rules are suspended and the Committee Substitute bill 
is taken from the Calendar for tomorrow, June 22, and recommitted to the Special Ways 
and Means Committee. 

On motion of Senator Lawing, seconded by Senator Marvin, the Senate adjourns to 
meet tomorrow at 10:00 A.M. 



ONE HUNDRED FORTY-NINTH DAY 

Senate Chamber, .■,•,,,,;,/ 

Friday, June 22, 1984. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Green, Lieutenant Governor. 

Prayer is offered by the Reverend Samuel A. Burgess, First Presbyterian Church, 
Garner, as follows: 

"Our Father: We thank You for our legislators. 

"As this week draws near its conclusion we give thanks for the worthwhile things they 
have accomplished for the people of our State and ask that You bless and cause their 
actions to prosper. ^' ' 

"We ask Your pardon for any things that could have been achieved but were not. 



June 22, 1984 



1984] SENATE JOURNAL 71 

"Help them to make their deliberations today productive so that they may adjourn with 
the sense of satisfaction that comes from work well done. 

"Grant to each a safe journey home to family and friends, peace and a restful weekend 
that will enable them to return Monday with fresh insight and renewed strength for the 
tasks which they have to perform. Amen." 

Senator Lawing for the Rules and Operation of the Senate Committee announces that 
the Journal of yesterday has been examined and is found to be correct. On his motion, the 
Senate dispenses with the reading of the Journal and it stands approved as written. 

The President grants a leave of absence to Senator Alford for a portion of today. 
Leaves of absence granted previously to Senators Soles, Childers, and Staton are 
noted. 

The President declares the voting equipment inoperative. 

ENROLLED BILLS 

The Enrolhng Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

S. B. 738, an act to lease certain property for a period of ninety-nine years. (Ch. 944) 

S. B. 752, an act to limit the power of eminent domain which may be exercised by the 
Gastonia Airport Authority. (Ch. 945) 

S. B. 756, an act to regulate road hunting in Henderson County. (Ch. 946) 

S. B. 757, an act to permit disposition of redeveloped properties by the City of 
Goldsboro on a basis other tha. the highest monetary bid where such disposition is found 
to serve the best interest of the City and to dispose of the property at private sale. 
(Ch. 947) 

S. B. 762, an act to allow the Durham City Board of Education to pay its ten-month 
employees on or before the fifteenth of each month. (Ch. 948) 

H. B. 907, an act to set a convening date for the 1985 Session of the General Assembly. 
(Ch. 949) 

H. B. 1516, an act to include an area within the corporate limits of the Town of Micro. 
(Ch. 943) 

H. B. 1536, an act to raise the force account construction hmit for the City of Lumber- 
ton. (Ch. 950) 

H. J. R. 1486, a joint resolution expressing the General Assembly's disapproval and 
rejection of the unitary method of taxation whereby the worldwide earnings of a multi- 
national business enterprise are subjected to State income tax. (Res. 67) 

H. J. R. 1495, a joint resolution authorizing the 1984 Regular Session of the 1983 
General Assembly to consider a joint resolution requesting the continuation and expan- 
sion of the statewide screening service for the detection of certain metabolic disorders. 
(Res. 68) 



June 22, 1984 



72 SENATE JOURNAL [Second Session 

H. J. R. 1499, a joint resolution authorizing the 1984 Regular Session of the General 
Assembly to consider a bill to be entitled an act regarding the letting of contracts for 
airport construction and repair. (Res. 69) 

CALENDARED 

S. B. 503 (Committee Substitute), a bill to amend the time of execution of persons 
sentenced to death, reported from the Judiciary I Committee on July 5, 1983, and on 
July 13, 1983 by motion ordered to be placed on the Calendar on a date to be determined by 
the Chair, is placed on today's Calendar for consideration. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing and select committees, read by their 
titles, together with the reports accompanying them, and take their place on the Calendar 
as follows: 

By Senator Hardison for the Appropriations Committee: 

S. B. 750, a bill to phase out over a five-year period the tax on intangible personal 
property that is now classified and taxed at specific rates, and to provide funds to partially 
compensate local governments for the revenue loss, with a favorable report. 

On motion of Senator Lawing, the rules are suspended and the bill is placed on today's 
Calendar for consideration. 

By Senator Barnes of Wayne for the Judiciary III Committee: 

S. B. 817, a bill allowing the Department of Transportation to include a municipal street 
as part of the right-of-way when improving a State highway, with a favorable report, as 
amended. 

On motion of Senator Barnes of Wayne, the rules are suspended and the bill is placed on 
today's Calendar for consideration. 

H. B. 474 (Committee Substitute), a bill to allow attorney's fees award in certain civil 
cases, with a favorable report, as amended. 

By Senator Swain for the Special Ways and Means Committee: 

S. B. 790, a bill to clarify the procedures to insure payment of child support, with a 
favorable report. 

S. B. 807, a bill to permit interstate mergers and acquisitions of savings and loan 
associations and savings and loan holding companies on a reciprocal basis within a 
specified region, with a favorable report. 

H. B. 1529, a bill to authorize wildlife enforcement officers to enforce the littering law in 
certain cases in Rutherford County, with a favorable report. 

H. B. 1532, a bill to clarify the discretion of the Orange County Board of Elections in 
choosing a location for the additional one-stop absentee voting office approved by the 
General Assembly in the 1983 Regular Session, with a favorable report. 

H. B. 1559, a bill to regulate road hunting in Jones County, with a favorable report. 



June 22, 1984 



1984] SENATE JOURNAL 73 

H. B. 1610, a bill to allow the Town of Walstonburg to sell certain property at private 
sale, with a favorable report. 

H. B. 1626, a bill to eliminate the requirement in Durham County that cosmetologists 
shall employ only licensed personnel to do shampooing, with a favorable report. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senators Walker, Alford, Barnes of Wayne, Barnes of Forsyth, Daniels, Davis, 
Duncan, Edwards of Guilford, Edwards of Caldwell, Gray, Guy, Hancock, Hardison, 
Harrington, Harris of Cleveland, Hipps, Hunt, Jenkins, Johnson, Jordan, Lawing, Mar- 
ion, Martin, Marvin, Parnell, Plyier, Rand, Rauch, Royall, Speed, Swain, Tally, Taylor, 
Thomas of Craven, Thomas of Henderson, Tison, Ward, Warren, White, Winner, and 
Woodard: 

S. J. R. 825, a joint resolution memorializing Congress and the President in support of 
comprehensive social security disability reform. 

On motion of Senator Walker, the rules are suspended and the joint resolution is placed 
before the Senate for immediate consideration. 

The joint resolution, passes its second and third readings and is ordered, without 
objection, sent to the House of Representatives by special messenger. 

By Senator Plyier: 

S. B. 826, a bill to permit the purchase of retirement service credits in the Teachers' and 
State Employees' Retirement System for prior part-time service. 
Referred to Pensions and Retirement Committee. 

By Senators Jordan, Davis, Duncan, Edwards of Guilford, Gray, Hancock, Hunt, 
Johnson, Marvin, Plyier, Rand, Royall, Tally, Thomas of Craven, Thomas of Henderson, 
Walker, Ward, and Woodard: 

S. B. 827, a bill to appropriate funds for the Natural Heritage Program, 
Referred to Appropriations Committee. 

By Senator Jenkins: 

S. J. R. 830, a joint resolution authorizing the 1983 General Assembly, 1984 Session, to 
consider a bill to be entitled an act to amend G. S. 20-309 pertaining to the reregistration of 
a vehicle after revocation of the license plate for failure to maintain financial responsibil- 
ity. 

On motion of Senator Jenkins, the rules are suspended and the joint resolution is placed 
before the Senate for immediate consideration. 

The joint resolution, passes its second and third readings and is ordered, without 
objection, sent to the House of Representatives by special messenger. 

By Senator Jenkins: 

S. B. 831, a bill to add various acts which may constitute grounds for discipline of 
chiropractors. 



June 22, 1984 



74 SENATE JOURNAL [Second Session 

On motion of Senator Jenkins, the rules are suspended and the bill is placed before the 
Senate for immediate consideration. 

The bill passes its second and third readings and is ordered, without objection, sent to 
the House of Representatives by special messenger. 

By Senators Martin, Edwards of Guilford, and Gray: 

S. B. 833, a bill to appropriate funds to One Step Further, Inc. 
Referred to Appropriations Committee. 

By Senators Martin, Edwards of Guilford, and Gray: 

S. B. 834, a bill to appropriate funds to the Southeast Council on Crime and De- 
linquency, . , i, . ^ ,,,,,., 
Referred to Appropriations Committee. . ^ 

By Senators Martin, Edwards of Guilford, and Gray: ' 

S. B. 835, a bill to appropriate funds to the William Penn Foundation, Inc. 
Referred to Appropriations Committee. 

By Senators Martin, Edwards of Guilford, and Gray: 

S. B. 836, a bill to appropriate funds to the Gate City Junior Tennis Academy. 
Referred to Appropriations Committee. 

By Senators Woodard, Johnson, and Staton: , 

S. B. 837, a bill to reinstate funding for merit increments for State employees. 
Referred to Appropriations Committee. 

By Senators Woodard and Johnson: 

S. B. 838, a bill to appropriate funds to operate the Gethsemane-Rainbow Partnership 
in Wake County. ^ ^ :. .. - / ;;:>.„ 

Referred to Appropriations Committee. 

Senator Royall moves that the Rule 40 be suspended to allow the introduction and 
referral to committee of the following bill, which motion prevails by a two-thirds majority 
vote. 

By Senator Royall: 

S. B. 846, a bill to create the North Carohna Commission on the Bicentennial of the 
United States Constitution. , 

Referred to Appropriations Committee. 

Senator Hipps moves that Rule 40 be suspended to allow the introduction of the 
following bill which motion prevails by a two-thirds majority vote. ,,, ., ^, , 

By Senator Hipps: 

S. B. 848, a bill to validate the failure to hold a sanitary district election in 1983. 
On motion of Senator Hipps, the rules are suspended and the bill is placed before the 
Senate for immediate consideration. 



June 22, 1984 



1984] SENATE JOURNAL 75 

The bill, passes its second and third readings and is ordered, without objection, sent to 
the House of Representatives by special messenger. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 

S. B. 470 (House Committee Substitute), a bill to clarify the law regarding corneal 
tissue removal, for concurrence in the House Committee Substitute bill. 
Referred to Special Ways and Means Committee. 

H. B. 1654, a bill to direct the Departments of Labor, Crime Control and Public Safety, 
Natural Resources and Community Development, and Human Resources to study 
aspects of the hazardous substances right-to-know issue. 

Referred to Special Ways and Means Committee. 

H. J. R. 1670, a joint resolution authorizing the 1984 Regular Session of the General 
Assembly to consider a bill to be entitled an act to include registered political committees 
in the Ust of organizations allowed to conduct licensed raffles. 

Referred to Special Ways and Means Committee. 

H. B. 1676, a bill to require that tax hens be advertised in a newspaper only one time 
instead of four times. 

Referred to Finance Committee. 

H. J. R. 1694, a joint resolution authorizing the 1984 Regular Session of the General 
Assembly to consider a bill to be entitled an act to reenact former statutory authority for 
public sewerage systems to exercise the power of eminent domain. 

Referred to Rules and Operation of the Senate Committee. 

H. J. R. 1704, a joint resolution authorizing the 1983 General Assembly, 1984 Session, 
to consider a bill to be entitled an act to increase various medical license and registration 
fees collected by the Board of Medical Examiners of the State of North Carolina. 

Referred to Finance Committee. 

H. J. R. 1713, a joint resolution authorizing the 1984 Regular Session of the General 
Assembly to consider three administration bills. 

On motion of Senator Royall, the rules are suspended and the joint resolution is placed 
before the Senate for immediate consideration. 

The joint resolution passes its second and third readings and is ordered enrolled. 

H. J. R. 1717, a joint resolution authorizing the 1983 General Assembly, 1984 Session, 
to consider a bill to be entitled an act to modify the application of the mortorium on nursing 
home certificates of need. 

Referred to Special Ways and Means Committee. 

^ •■^'^' CALENDAR ' ' 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

S. B. 503 (Committee Substitute), a bill to amend the time of execution of persons 
sentenced to death. 



June 22, 1984 



76 SENATE JOURNAL [Second Session 

On motion of Senator Harris of Cleveland, the Committee Substitute bill is re-referred 
to the Special Ways and Means Committee. 

S. B. 543 (House Committee Substitute), a bill to regulate architects and engineers in 
their relations with contractors, for concurrence in the House Committee Substitute bill. 

On motion of Senator Swain, the Senate concurs in the House Committee Substitute bill 
and the bill is ordered enrolled. <.• ;-. 

S. B. 706, a bill to permit interstate banking in North Carolina on a reciprocal basis. 

Without objection, the following Senators are excused from voting for the following 
reasons: . . v . 

Senator Barnes of Forsyth: "Direct conflict of interest." 

Senator Edwards of Guilford: "Possible conflict of interest." 

The bill passes its second and third readings and is ordered without objection, sent to 
the House of Representatives by special messenger. 

S. B. 750, a bill to phase out over a five-year period the tax on intangible personal 
property that is now classified and taxed at specific rates, and to provide funds to partially 
compensate local governments for the revenue loss. 

Senator Winner offers Amendment No. 1. On motion of Senator Lawing, seconded by 
Senator Gray, Amendment No. 1 is tabled. 

The bill passes its second and third readings and is ordered, without objection, sent to 
the House of Representatives by special messenger. 

S. B. 783, a bill to clarify the definition of an ambulatory surgical facility. ' ' 
On motion of Senator Rand, Committee Amendment No. 1 is adopted. 
The bill, as amended, passes its second and third readings and is ordered engrossed and 
sent to the House of Representatives. \ 

S. B. 817, a bill allowing the Department of Transportation to include a municipal street 
as part of the right-of-way when improving a State highway. 

On motion of Senator Barnes of Wayne, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second and third readings and is ordered engrossed and 
sent to the House of Representatives. ns ; v • 

Senator Allred requests to be recorded voting "no." 

H. B. 541 (Committee Substitute), a bill to provide an income tax credit for the purchase 
of conservation tillage equipment for agriculture and forestry. 
The bill passes its second and third readings and is ordered enrolled. 

H. B. 1099, a bill to provide an income tax credit to farmers who permit their crops to be 
gleaned, as amended, upon third reading. 

The bill, as amended, passes its third reading by roll-call vote, ayes 43, noes 0, as 
follows: 

Voting in the affirmative: Senators Allred, Ballenger, Barnes of Wayne, Daniels, 
Davis, Duncan, Edwards of Guilford, Edwards of Caldwell, Gray, Hancock, Hardison, 
Harrington, Harris of Mecklenburg, Harris of Cleveland, Hipps, Hunt, Jenkins, Johnson, 
Jordan, Kincaid, Lawing, Marion, Martin, Marvin, Parnell, Plyler, Rand, Redman, 
Royall, Speed, Swain, Tally, Taylor, Thomas of Craven, Thomas of Henderson, Tison, 
Walker, Ward, Warren, White, Winner, Woodard, and Wright — 43. 

Voting in the negative: None. 



June 22, 1984 



1984] SENATE JOURNAL 77 

The bill, as amended, is ordered sent to the House of Representatives for concurrence in 
Senate Amendment No. 1. 

H. B. 1383, a bill concerning inactive hazardous substance disposal sites. 
On motion of Senator Allred, consideration of the bill is postponed until Tuesday, 
June 26. 

H. B. 1496 (Committee Substitute), a bill to modify current operations and capital 
improvements appropriations for North CaroHna State Government for the 1984 - 85 
Fiscal Year and to make other changes in the budget operation of the State. 

Senator Harris of Cleveland offers Amendment No. 1 v^^hich he subsequently 
withdraws. 

Senator Harris of Cleveland offers Amendment No. 2 which he subsequently 
withdraws. 

Senator Allred offers Amendment No. 3 which fails of adoption. 

The Committee Substitute bill passes its second and third readings and is ordered 
enrolled. 

Senator Allred requests to be recorded voting "no." 

H. B. 1575, a bill to allow Craven County to levy a room occupancy and tourism 
development tax, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 39, noes 3, as follows: 

Voting in the affirmative: Senators Ballenger, Barnes of Wayne, Daniels, Davis, 
Duncan, Edwards of Guilford, Edwards of Caldwell, Gray, Hancock, Hardison, Harris of 
Mecklenburg, Harris of Cleveland, Hipps, Hunt, Jenkins, Johnson, Jordan, Lawing, 
Marion, Martin, Marvin, Parnell, Plyler, Rand, Royall, Speed, Swain, Tally, Taylor, 
Thomas of Craven, Thomas of Henderson, Tison, Walker, Ward, Warren, White, Win- 
ner, Woodard, and Wright — 39. 

Voting in the negative: Senators Allred, Kincaid, and Redman — 3. 

The bill remains on the Calendar upon third reading. 

H. B. 1576, a bill to annex property to the Town of Four Oaks, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 42, noes 0, as follows: 

Voting in the affirmative: Senators Allred, Ballenger, Barnes of Wayne, Daniels, 
Davis, Duncan, Edwards of Guilford, Edwards of Caldwell, Gray, Hancock, Hardison, 
Harris of Mecklenburg, Harris of Cleveland, Hipps, Hunt, Jenkins, Johnson, Jordan, 
Kincaid, Lawing, Marion, Martin, Marvin, Parnell, Plyler, Rand, Redman, Royall, 
Speed, Swain, Tally, Taylor, Thomas of Craven, Thomas of Henderson, Tison, Walker, 
Ward, Warren, White, Winner, Woodard, and Wright — 42. 

Voting in the negative: None. 

The bill remains on the Calendar upon third reading. 

H. B. 1584, a bill to allow the City of Oxford, Granville County, to make street 
improvements and assess without petition, upon second reading. 
The bill passes its second reading by roll-call vote, ayes 42, noes 0, as follows: 
Voting in the affirmative: Senators Allred, Ballenger, Barnes of Wayne, Daniels, 
Davis, Duncan, Edwards of Guilford, Edwards of Caldwell, Gray, Hancock, Hardison, 
Harris of Mecklenburg, Harris of Cleveland, Hipps, Hunt, Jenkins, Johnson, Jordan, 
Kincaid, Lawing, Marion, Martin, Marvin, Parnell, Plyler, Rand, Redman, Royall, 
Speed, Swain, Tally, Taylor, Thomas of Craven, Thomas of Henderson, Tison, Walker, 
Ward, Warren, White, Winner, Woodard, and Wright — 42. 



June 22, 1984 



78 SENATE JOURNAL [Second Session 

Voting in the negative: None. 

The bill remains on the Calendar upon third reading. 

H. B. 1590, a bill to authorize and implement an occupancy tax in Cumberland County, 
upon second reading. 

The bill passes its second reading by roll-call vote, ayes 39, noes 3, as follows: 

Voting in the affirmative: Senators Ballenger, Barnes of Wayne, Daniels, Davis, 
Duncan, Edwards of Guilford, Edwards of Caldwell, Gray, Hancock, Hardison, Harris of 
Mecklenburg, Harris of Cleveland, Hipps, Hunt, Jenkins, Johnson, Jordan, Lawing, 
Marion, Martin, Marvin, Parnell, Plyler, Rand, Royall, Speed, Swain, Tally, Taylor, 
Thomas of Craven, Thomas of Henderson, Tison, Walker, Ward, Warren, White, Win- 
ner, Woodard, and Wright — 39. 

Voting in the negative: Senators Allred, Kincaid, and Redman — 3. 

The bill remains on the Calendar upon third reading. 

H. B. 1595, a bill authorizing the Town of Long Beach to levy an occupancy tax and to 
protect city occupancy tax returns from disclosure, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 39, noes 3, as follows: 

Voting in the affirmative: Senators Ballenger, Barnes of Wayne, Daniels, Davis, 
Duncan, Edwards of Guilford, Edwards of Caldwell, Gray, Hancock, Hardison, Harris of 
Mecklenburg, Harris of Cleveland, Hipps, Hunt, Jenkins, Johnson, Jordan, Lawing, 
Marion, Martin, Marvin, Parnell, Plyler, Rand, Royall, Speed, Swain, Tally, Taylor, 
Thomas of Craven, Thomas of Henderson, Tison, Walker, Ward, Warren, White, Win- 
ner, Woodard, and Wright — 39. 

Voting in the negative: Senators Allred, Kincaid, and Redman — 3. 

The bill remains on the Calendar upon third reading. 

H. B. 1621, a bill to allow Guilford County to levy a room occupancy and tourism 
development tax, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 39, noes 3, as follows: 

Voting in the affirmative: Senators Ballenger, Barnes of Wayne, Daniels, Davis, 
Duncan, Edwards of Guilford, Edwards of Caldwell, Gray, Hancock, Hardison, Harris of 
Mecklenburg, Harris of Cleveland, Hipps, Hunt, Jenkins, Johnson, Jordan, Lawing, 
Marion, Martin, Marvin, Parnell, Plyler, Rand, Royall, Speed, Swain, Tally, Taylor, 
Thomas of Craven, Thomas of Henderson, Tison, Walker, Ward, Warren, White, Win- 
ner, Woodard, and Wright — 39. 

Voting in the negative: Senators Allred, Kincaid, and Redman — 3. ' 

The bill remains on the Calendar upon third reading. 

H. B. 1624, a bill to include one satellite area within the corporate limits of the Town of 
Edenton, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 42, noes 0, as follows: 

Voting in the affirmative: Senators Allred, Ballenger, Barnes of Wayne, Daniels, 
Davis, Duncan, Edwards of Guilford, Edwards of Caldwell, Gray, Hancock, Hardison, 
Harris of Mecklenburg, Harris of Cleveland, Hipps, Hunt, Jenkins, Johnson, Jordan, 
Kincaid, Lawing, Marion, Martin, Marvin, Parnell, Plyler, Rand, Redman, Royall, 
Speed, Swain, Tally, Taylor, Thomas of Craven, Thomas of Henderson, Tison, Walker, 
Ward, Warren, White, Winner, Woodard, and Wright — 42. ■ * 

Voting in the negative: None. 

The bill remains on the Calendar upon third reading. ■ i 



June 22, 1984 



1984] SENATE JOURNAL 79 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

S. J. R. 705, a joint resolution authorizing consideration of a bill validating sanitary 
district actions. (Res. 71) 

S. J. R. 809, a joint resolution authorizing the 1983 General Assembly, 1984 Session, to 
consider a joint resolution memorializing Congress to allow the tobacco excise tax to drop 
to eight cents per pack as currently scheduled. (Res. 72) 

H. J. R. 1531, a joint resolution authorizing the 1984 Regular Session of the General 
Assembly to consider a bill to be entitled an act to regulate raffles. (Res. 70) 

H. B. 1541, an act providing for a reduction in proposed water and sewer assessments in 
the City of Washington. (Ch. 951) 

H. B. 1543, an act concerning the time of election of the Chairman and Vice-Chairman of 
the Wake County Board of Education. (Ch. 952) 

H. B. 1552, an act to authorize municipalities within Mecklenburg County to enter into 
agreements concerning annexations. (Ch. 953) 

H. B. 1553, an act relating to Charlotte uptown development projects. (Ch. 954) 

H. B. 1555, an act to provide that as to the City of Charlotte, members of the City 
Council excused from voting shall not be included in determining the results of a vote on a 
zoning protest petition. (Ch. 955) 

H. B. 1556, an act to amend the Charter of the City of Charlotte relating to the 
Auditorium-Coliseum-Civic Center Authority. (Ch. 956) 

H. B. 1558, an act to increase the number of members on the Moore County Board of 
Alcoholic Control from three to five members and to change residency requirements. 
(Ch. 957) 

H. B. 1560, an act regarding discounts for payments of property tax in Lincoln County. 
(Ch. 958) 

H. B. 1561, an act to raise the force account construction limit for Duplin County. 
(Ch. 959) 

H. B. 1562, an act to allow Jones County to sell certain property at private sale, and to 
ratify an agreement under the Community Development Block Grant Program. (Ch. 960) 

H. B. 1563, an act to allow the Town of Chapel Hill to participate in economic develop- 
ment projects. (Ch. 961) 

H. B. 1602, an act to provide that the sheriff issue Lincoln County weapon permits. 
(Ch. 962) 

H. B. 1604, an act to provide a fixed pay date for pubhc school employees of the 
Kannapohs City School Administrative Unit. (Ch. 963) 

H. B. 1605, an act to allow members and employees of the Charlotte Redevelopment 



June 22, 1984 



80 SENATE JOURNAL [Second Session 

Commission to acquire property in a redevelopment area for their principal place of 
business. (Ch. 964) 

H. B. 1608, an act to permit Alleghany County to match a grant under the Public Works 
Act. (Ch. 965) 

H. B. 1609, an act to restore extraterritorial zoning and planning jurisdiction to the 
Town of Huntersville. (Ch. 966) 

H. B. 1616, an act to make unauthorized water connections a crime in Dare County. 
(Ch. 967) 

H. B. 1617, an act to permit persons to engage in business as pawnbrokers in un- 
incorporated areas of Dare County. (Ch. 968) 

H. J. R. 1713, a joint resolution authorizing the 1984 Regular Session of the General 
Assembly to consider three administration bills. (Res. 73) 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing and select committees, read by their 
titles, together with the reports accompanying them, and take their place on the Calen- 
dar, as follows: 

By Senator Duncan for the Finance Committee: 

S. B. 629, a bill to eliminate the fee for special civil air patrol plates, with a favorable 
report. 

S. B. 746, a bill to increase the income and property hmits for the homestead exemption 
and to offset the resulting revenue loss by increasing the percentage of the homestead 
exemption for which counties and cities are reimbursed, with a favorable report. 

H. B. 665, a bill to amend the Corporation Income Tax Act to provide for solar tax 
credits for corporations engaged in service as well as manufacturing businesses, with a 
favorable report, as amended. 

On motion of Senator Duncan, the rules are suspended and the bill is placed before the 
Senate for immediate consideration, and on his further motion Committee Amendment 
No. 1 is adopted. 

On motion of Senator Duncan, the bill, as amended, is referred to the Appropriations 
Committee. 

H. B. 666, a bill to amend the Individual Income Tax Act to provide for solar tax credits 
for individuals' service as well an manufacturing businesses, with favorable report, as 
amended. 

On motion of Senator Duncan, the rules are suspended and the bill is placed before the 
Senate for immediate consideration, and on his further motion Committee Amendment 
No. 1 is adopted. 

On motion of Senator Duncan, the bill, as amended, is re-referred to the Appropria- 
tions Committee. 

H. B. 1482, a bill to change the method of determining the sales price of a motor vehicle 
in a casual sale and eliminate the requirement that the sales price of a motor vehicle in a 
casual sale be based on the book value of the vehicle, with a favorable report, as amended. 



June 22, 1984 



1984] SENATE JOURNAL 81 

H. B. 1484, a bill to exempt from sales and use taxes component parts of and sales by 
printers of free circulation publications, with a favorable report, as amended. 

On motion of Senator Duncan, the rules are suspended and the bill is placed before the 
Senate for immediate consideration, and on his further motion Committee Amendment 
No. 1 is adopted. 

On motion of Senator Duncan, the bill, as amended, is re-referred to the Appropria- 
tions Committee. 

H. B. 89, a bill to eliminate double taxation of income in respect of a decedent, with an 
unfavorable report as to bill, but favorable as to Senate Committee Substitute bill. 

On motion of Senator Duncan, the rules are suspended and the Senate Committee 
Substitute bill is placed before the Senate for immediate consideration. 

On motion of Senator Duncan, the Senate Committee Substitute bill is adopted, and on 
his further motion is re-referred to the Appropriations Committee. 

SPECIAL MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

The following special messages are received from the House of Representatives: 

S. B. 14 House of Representatives 

June 21, 1984 

Mr. President: 

Pursuant to your information that your Honorable Body failed to concur in House 
Amendments to S. B. 14, a bill to be entitled an act TO ELIMINATE MANDATORY 
RETIREMENT AT AGE 70 FOR PERSONS COVERED UNDER THE STATE EM- 
PLOYEES OR LOCAL GOVERNMENT EMPLOYEES RETIREMENT SYSTEM, 
the Speaker has appointed as conferees on the part of the House, Representatives 
Economos, Chairman; Thomas, Lancaster, Tyson, N. J. Crawford to act with a like 
committee on the part of the Senate to the end that the difference existing between the 
two bodies may be adjusted. 

Respectfully, 

S/ Grace Collins 

Principal Clerk 

H. B. 1525, a bill to provide for an election in the northeasternmost part of Dare County 
on the question of establishing a Duck Area Beautification District and to provide for the 
levy and collection of property taxes in this district. 

Without objection, the rules are suspended, and the bill is placed on the Calendar for 
Monday, June 25, upon second reading. 

H. B. 1528, a bill to expand the Polk County Board of Commissioners from three to five 
members. 

Without objection, the rules are suspended, and the bill is placed on the Calendar for 
Monday, June 25. 

H. B. 1591, a bill to provide for the election of the members of the Weldon City Board of 
Education. 

Without objection, the rules are suspended, and the bill is placed on the Calendar for 
Monday, June 25. 



June 22. 1984 



82 SENATE JOURNAL [Second Session 

H. B. 1603 (Committee Substitute), a bill to provide for the sale of clean detergents in 
North Carolina. 
Referred to Special Ways and Means Committee. 

H. B. 1619 (Committee Substitute), a bill changing the method of distribution of the 
New Hanover County occupancy tax. 

Without objection, the rules are suspended, and the Committee Substitute bill is placed 
on the Calendar for Monday, June 25. 

H. B. 1676 ■- ,' :■■;>'; House OF Representatives 

: .. ' , -.■ June 21, 1984 ., ... 

Mr. President- 
It is ordered that a message be sent your Honorable Body requesting the return of 
House Bill 1676, AN ACT TO REQUIRE THAT TAX LIENS BE ADVERTISED IN A 
NEWSPAPER ONLY ONE TIME INSTEAD OF FOUR TIMES, for further considera- 
tion by the House of Representatives. 

Respectfully, 
Grace A. Collins 
Principal Clerk 

Without objection, the rules are suspended, and the bill is withdrawn from the Finance 
Committee and returned to the House of Representatives for further consideration. 

On motion of Senator Lawing, seconded by Senator Duncan, the Senate adjourns to 
meet Monday at 8:00 P.M. 



ONE HUNDRED FIFTIETH DAY 

■, , : , ' , Senate Chamber, 

Monday, June 25, 1984. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Green, Lieutenant Governor. 

Prayer is offered by the Reverend Claude Godwin, Senate Chaplain, as follows: 

"Mondays make us think of new beginnings. Lord, and so this night we pray that as we 
begin this phase of our life together You will continue with us as a source of strength and 
hope. We confess that we are too likely to dwell in the past, reliving past glories or 
sorrowing over past mistakes. Help us to learn from what has gone before in our lives, but 
to focus our energy on the present and the future, remembering that now and tomorrow 
are the only bits of time over which we have any control. Help us to seize the moment, not 
for what we may do for ourselves alone, but for what we might accomplish for Your glory. 
Amen." 

Senator Lawing for the Rules and Operation of the Senate Committee announces that 
the Journal of Friday has been examined and is found to be correct. On his motion, the 
Senate dispenses with the reading of the Journal and it stands approved as written. 



June 25, 1984 



1984] SENATE JOURNAL 83 

The President grants a leave of absence to Senator Barnes of Forsyth for today and to 
Senator Childers for the remainder of the Session. 
A leave of absence granted previously to Senator Soles is noted. 

The President recognizes the following pages serving in the Senate this week: Lisa 
Anderson, Charlotte; Patrick Archie, Raleigh; Thomas C. Brannon, Gary; Cindy Brewer, 
Mebane; Kevin Franklin Brewer, Charlotte; Tammy Bunn, Zebulon; Avery Chapell, 
Raleigh; Jennifer Michelle Clark, Sahsbury; Amy Elizabeth Ensey, Vilas; Nancy Lorrin 
Freeman, Greensboro; Julie Ann Gollberg, Asheville; Ellen Greene, Mt. Airy; Amy 
Gunn, Gary; Elizabeth Hipps, Waynesville; Derek Gerard Holland, Raleigh; Susan Briles 
Johnson, Raleigh; Jim Kerr, Waxhaw; John Paul Kincaid, Lenoir; Gerald Thomas 
McClure, Charlotte; Patch Renegar, Wilmington; Angle Shropshire, Asheboro; Pedro 
Thomas, Hendersonville; Kisa Willis, New Bern; Shawn David Wood, Jacksonville; and 
Christopher Conrad Wyrick, Greensboro. 

The Chair declares the voting equipment inoperative for a portion of today's Session. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

S. B. 543 (House Committee Substitute), an act to regulate architects and engineers in 
their relations with contractors. (Ch. 970) 

S. J. R. 811, a joint resolution authorizing the 1983 General Assembly, 1984 Session, to 
consider a bill to be entitled an act to permit non-Indians to become tenants of housing 
provided by the State Indian Housing Authority, (Res. 74) 

S. J. R. 829, a joint resolution authorizing the 1983 General Assembly, 1984 Session, to 
consider a bill to be entitled an act to change the expiration date of the Life Care Centers 
Certificate of Need Law. (Res. 75) 

H. B. 541 (Committee Substitute), an act to provide an income tax credit for the 
purchase of conservation tillage equipment for agriculture and forestry. (Ch. 969) 

H. B. 1496 (Committee Substitute), an act to modify current operations and capital 
improvements appropriations for North Carolina State Government for the 1984 - 85 
Fiscal Year and to make other changes in the budget operation of the State. (Ch. 971) 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senator Edwards of Caldwell: 

S. B. 839, a bill to appropriate funds for development and planning for a community 
center for fire and rescue in Jonas Ridge Community of Burke County. 
Referred to Appropriations Committee. 

By Senators Walker and Hunt: 



June 25, 1984 



84 SENATE JOURNAL [Second Session 

S. B. 840, a bill to appropriate funds for a Randolph County Forestry Headquarters. 
Referred to Appropriations Committee. 

By Senator Walker: 

S. B. 841, a bill to appropriate funds to the Randolph Prison Chaplaincy Program, 
Incorporated. 
Referred to Appropriations Committee. 

By Senator Lawing: 

S. B. 842, a bill to appoint a person to public office upon the recommendation of the 
President Pro Tempore of the Senate. 

Referred to Rules and Operation of the Senate Committee. ' 

By Senator Marion: 

S. B. 843, a bill to appropriate funds for the restoration and development of greater 
Mount Airy. 
Referred to Appropriations Committee. 

By Senator Daniels: 

S. B. 844, a bill to provide funds to promote the birthplace of powered flight. 
Referred to Appropriations Committee. 

By Senator Staton: . . rv 

S. B. 845, a bill to amend the present law relating to the theft of cable television 
services. 
Referred to Special Ways and Means Committee. 

By Senators Lawing and Tison: • ' ' 

S. B. 847, a bill to change the expiration date of the Life Care Centers Certificate of 
Need Law. 
Referred to Rules and Operation of the Senate Committee. ^^ 

By Senators Gray, Edwards of Guilford, Hunt, Jordan, Martin, Marvin, Tally, Walker, 
and Woodard: 

S. B. 849, a bill to appropriate funds for the Triad Home for Autistic Adolescents in 
High Point, Guilford County. , ^ • ^v' 

Referred to Appropriations Committee. 

By Senator White: 

S. B. 850, a bill to appropriate funds for personnel for the Eastern Office of the 
Department of Cultural Resources, Division of Archives and History, in Greenville. 
Referred to Appropriations Committee. 

By Senator Thomas of Craven: 

S. B. 851, a bill to appropriate funds for a boating access area at Cedar Island. 
Referred to Appropriations Committee. 



June 25, 1984 



1984] SENATE JOURNAL 85 

Senator Hardison moves that Rule 40 be suspended to allow the introduction of the 
following bill, which motion prevails by a two-thirds majority vote (electronically re- 
corded). 

By Senator Hardison: 

S. B. 852, a bill to authorize the construction and the financing, without appropriations 
from the General Fund, of certain capital improvements projects by constituent in- 
stitutions of the University of North Carolina. 

On motion of Senator Hardison, the rules are suspended and the bill is placed before the 
Senate for immediate consideration. 

The bill passes its second (electronically recorded) and third readings and is ordered, 
without objection, sent to the House of Representatives by special messenger. 

Senator Swain moves that Rule 40 be suspended to allow the introduction and referral 
to committee of the following bill, which motion prevails by a two-thirds majority vote 
(electronically recorded). 

By Senators Winner and Swain: 

S. B. 854, a bill to appropriate funds for the masters program in Industrial Engineering 
at the University of North Carolina at Asheville. 
Referred to Appropriations Committee. 

Senator Rand moves that Rule 40 be suspended to allow the introduction of the 
following joint resolution, which motion prevails by a two-thirds majority vote (electroni- 
cally recorded). 

By Senator Rand: 

S. J. R. 855, a joint resolution authorizing the 1983 General Assembly, 1984 Session, to 
consider a bill to be entitled an act to authorize the County of Cumberland to sell industrial 
sites in its industrial park without utilizing the formal bid requirements of Article 12 of 
Chapter 160A of the North Carolina General Statutes. 

On motion of Senator Rand, the rules are suspended and the joint resolution is placed 
before the Senate for immediate consideration. 

The joint resolution passes its second (electronically recorded) and third readings and is 
ordered, without objection, sent to the House of Representatives by special messenger. 

Senator Edwards of Caldwell moves that Rule 40 be suspended to allow the introduc- 
tion and referral to committee of the following bill, which motion prevails by a two-thirds 
majority vote (electronically recorded). 

By Senator Edwards of Caldwell: 

S. B. 856, a bill to appropriate funds to 421 West Sanitary District in Wilkes County. 
Referred to Appropriations Committee. 

Senator Rauch moves that Rule 40 be suspended to allow the introduction and referral 
to committee of the following bill, which motion prevails by a two-thirds majority vote 
(electronically recorded). 

By Senators Rauch and Winner: 



June 25, 1984 



86 SENATE JOURNAL [Second Session 

S. B. 857, a bill to appropriate funds for the North Carolina Council on the Holocaust for 
operational expenses. 
Referred to Appropriations Committee. 

Senator Swain moves that Rule 40 be suspended to allow the introduction and referral 
to committee of the following bill, which motion prevails by a two-thirds majority vote 
(electronically recorded). 

By Senators Swain and Winner: 

S. B. 858, a bill to appropriate funds for the Western North Carohna Agricultural 
Center at Fletcher, North Carolina. 
Referred to Appropriations Committee. 

Senator Royall offers a motion that Rule 40 be suspended to allow the introduction and 
referral to committee of the following joint resolution, which motion fails for lack of a 
two-thirds majority vote (electronically recorded). 

By Senator Royall: 

S. J. R. 859, a joint resolution authorizing the 1983 General Assembly, 1984 Session, to 
consider a bill to be entitled an act to propose amendments to the Constitution to provide a 
single six-year term for the Governor and Lieutenant Governor and a single four-year 
term for the Governor and Lieutenant Governor. 

The joint resolution remains in filed status. 

Senator Parnell moves that Rule 40 be suspended to allow the introduction and referral 
to committee of the following bill, which motion prevails by a two-thirds majority vote 
(electronically recorded). 

By Senators Parnell, Edwards of Guilford, and Walker: 

S. B. 862, a bill to permit non-Indians to become tenants of housing provided by the 
State Indian Housing Authority. 
Referred to Special Ways and Means Committee. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 

H. B. 88, a bill to raise the annual gift tax exclusion from three thousand dollars to ten 
thousand dollars. 

Referred to Finance Committee. t 

H. B. 104, a bill to allow one spouse to apply both his gift tax annual exclusion and his 
spouse's annual exclusion to gifts made to anyone other than his spouse. 
Referred to Finance Committee. 

H. B. 158, a bill to increase the inheritance tax credit for Class A beneficiaries. 
Referred to Finance Committee. 

H. B. 650, a bill to provide a fuel tax refund to solid waste compacting vehicles for the 
amount of fuel consumed by the vehicle in compacting waste. 
Referred to Finance Committee. 



June 25, 1984 



1984] SENATE JOURNAL 87 

H. B. 1500, a bill to create a Public Employee Supplemental Income Retirement Plan. 

On motion of Senator Harris of Mecklenburg, the rules are suspended (electronically 
recorded), and the bill is placed before the Senate for immediate consideration. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

H. B. 1518, a bill to extend the sunset provisions in G. S. 147-16.2 to all boards and 
councils created by executive officials. 

Referred to Rules and Operation of the Senate Committee. 

H. B. 1535, a bill to rewrite the statute under which nonpublic post-secondary educa- 
tional institutions may be licensed to conduct post-secondary degree activity in North 
Carolina. 

Referred to Special Ways and Means Committee. 

H. B. 1547, a bill to provide for a four-year term for the Mayor of the Town of Fair Bluff 
and staggered four-year terms for the Town Board of Commissioner. 
Referred to Special Ways and Means Committee. 

H. B. 1554, a bill to amend the Charter of Charlotte relating to excusing members of 
council from voting. 

Referred to Special Ways and Means Committee. 

H. B. 1567, a bill to enact the Elementary and Secondary School Reform Act of 1984. 
Referred to Special Ways and Means Committee. 

H. B. 1572, a bill authorizing Cherokee County to levy a room occupancy and tourism 
development tax. 

Referred to Finance Committee. 

H. B. 1588, a bill to provide special elections for filling vacancies on the Lumberton City 
Council and for Mayor. 
Referred to Special Ways and Means Committee. 

H. B. 1594, a bill to amend the distribution of proceeds from the operation of liquor 
stores in the Town of Calabash. 
Referred to Special Ways and Means Committee. 

H. B. 1596, a bill limiting the trapping season in Brunswick County. 
Referred to Special Ways and Means Committee. 

H. B. 1597, a bill to authorize the Town of Ocean Isle Beach to levy special assessments 
to meet a portion of the cost of constructing sewage collection and treatment facilities 
prior to construction completion of such system. 

Referred to Special Ways and Means Committee. 

H. B. 1615, a bill authorizing the City of Lumberton to levy a transient occupancy tax. 
Referred to Special Ways and Means Committee. 

H. B. 1623, a bill regarding discounts for prepayment of property taxes levied by the 
Town of Broadway in Lee County. 

Referred to Special Ways and Means Committee. 



June 25, 1984 



88 SENATE JOURNAL [Second Session 

H. B. 1625, a bill to incorporate the Town of Shallotte Point, subject to a referendum. 
Referred to Special Ways and Means Committee. 

H. B. 1633, a bill to amend the Sedimentation Pollution Control Act of 1973. 
Referred to Special Ways and Means Committee. 

H. B. 1657, a bill to direct the Wildlife Resources Commission to study the role of 
alcohol and drugs in recreational boating and the need for implementing recommendations 
of the National Transportation Safety Board. 

Referred to Rules and Operation of the Senate Committee. 

SPECIAL MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

The following special messages are received from the House of Representatives: 

H. B. 1544, a bill to grant a six percent increase in the retirement allowances of 
beneficiaries in the North Carolina Local Governmental Employees' Retirement System 
payable beginning July 1, 1984. 

Referred to Pensions and Retirement Committee. 

H. B. 1632, a bill to permit the purchase of retirement service credits in the Teachers' 
and State Employees' Retirement System for prior part-time service. 
Referred to Pensions and Retirement Committee. 

H. B. 1658, a bill to repeal statutes relating to the North Carolina Water Safety 
Committee and Water Safety Council. 
Referred to Special Ways and Means Committee. 

H. B. 1681, a bill to merge the Uniform Judicial, Uniform Sohcitorial and Uniform 
Clerks of Superior Court Retirement Systems into the Consolidated Judicial Retirement 
System. • ,. •.,.:: ,-. 

Referred to Pensions and Retirement Committee. 

H. J. R. 1737, a joint resolution authorizing the 1983 General Assembly, 1984 Session, 
to consider a bill to be entitled an act to establish the North Carolina Advisory Council on 
the Eastern Band of the Cherokee. 

Referred to Rules and Operation of the Senate Committee. 

H. J. R. 1738, a joint resolution authorizing the 1983 General Assembly, 1984 Session, 
to consider a bill to be entitled an act to improve the collection of criminal history 
information in North Carolina. 

Referred to Rules and Operation of the Senate Committee. 

H. B. 1739, a bill to repeal or amend various statutes to conform with the North 
Carolina Rules of Evidence. _ ,, 

Referred to Special Ways and Means Committee. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing and select committees, read by their 
titles, together with the reports accompanying them, and take their place on the Calendar 
as follows: 

By Senator Swain for the Special Ways and Means Committee: 



June 25, 1984 



1984] SENATE JOURNAL 89 

S. B. 470 (House Committee Substitute), a bill to clarify the law regarding corneal 
tissue removal, with a favorable report as to concurrence. 

H. J. R. 1670, a joint resolution authorizing the 1984 Regular Session of the General 
Assembly to consider a bill to be entitled an act to include registered political committees 
in the list of organizations allowed to conduct licensed raffles, with a favorable report. 

H. J. R. 1717, a joint resolution authorizing the 1983 General Assembly, 1984 Session, 
to consider a bill to be entitled an act to modify the application of the moratorium on 
Nursing Home Certificates of Need, with a favorable report. 

S. B. 745, a bill to clarify the confidentiality requirements in the declaration of domicil- 
iary home residents' rights, with a favorable report, as amended. 

H. B. 738 (Committee Substitute), a bill to provide for strict liability for damages 
resulting from hazardous wastes in North Carolina, with an unfavorable report as to bill, 
but favorable as to Senate Committee Substitute bill. 

On motion of Senator Swain, the rules are suspended and the Senate Committee 
Substitute bill, which changes the title to read H. B. 738 (Senate Committee Substitute), a 
bill to authorize the Legislative Research Commission to study the issue of strict liabihty 
for damages resulting from hazardous wastes in North Carolina, is placed before the 
Senate for immediate consideration. 

On motion of Senator Swain, the Senate Committee Substitute bill is adopted, and on 
his further motion is placed on the Calendar for Tuesday, June 26. 

RECONSIDERATION 

S. B. 852, a bill to authorize the construction and the financing, without appropriations 
from the General Fund, of certain capital improvements projects by constituent in- 
stitutions of the University of North Carolina. 

Senator Hardison moves that the vote by which the bill passed its third reading be 
reconsidered, which motion prevails. 

Senator Hardison moves that the vote by which the bill passed its second reading be 
reconsidered, which motion prevails. 

The Chair rules that the bill requires a call of the roll. 

The bill is placed on the Calendar for tomorrow, upon second reading. 

WITHDRAWAL FROM COMMITTEE 

H. J. R. 1704, a joint resolution authorizing the 1983 General Assembly, 1984 Session, 
to consider a bill to be entitled an act to increase various medical license and registration 
fees collected by the Board of Medical Examiners of the State of North Carolina. 

On motion of Senator Staton, the rules are suspended (electronically recorded), and the 
joint resolution is taken from the Finance Committee and is placed on the Calendar for 
today. ' 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 
, S. B. 629, a bill to ehminate the fee for special civil air patrol plates. 



June 25, 1984 



90 SENATE JOURNAL [Second Session 

The bill passes its second (electronically recorded) and third readings and is ordered 
sent to the House of Representatives. 

S. B. 790, a bill to clarify the procedures to insure payment of child support. 
The bill passes its second (electronically recorded) and third readings and is ordered 
sent to the House of Representatives. 

S. B. 807, a bill to permit interstate mergers and acquisitions of savings and loan 
associations and savings and loan holding companies on a reciprocal basis within a 
specified region. 

The bill passes its second (electronically recorded) and third readings and is ordered, 
without objection, sent to the House of Representatives by special messenger. 

H. B. 474, (Committee Substitute), a bill to allow attorney's fees award in certain civil 
cases. 

On motion of Senator Barnes of Wayne, Committee Amendment No. 1 is adopted. 

The Committee Substitute bill, as amended, passes its second (electronically recorded) 
reading. 

On objection of Senator Barnes of Wayne to its third reading the Committee Substitute 
bill, as amended, remains on the Calendar, upon third reading. 

H. B. 1482, a bill to change the method of determining the sales price of a motor vehicle 
in a casual sale and eliminate the requirement that the sales price of a motor vehicle in a 
casual sale be based on the book value of the vehicle, upon second reading. 

On motion of Senator Rauch, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second reading by roll-call vote, ayes 44, noes 0, as 
follows: 

Voting in the affirmative: Senators Alford, Allred, Ballenger, Barnes of Wayne, 
Daniels, Davis, Duncan, Edwards of Guilford, Edwards of Caldwell, Guy, Hancock, 
Hardison, Harrington, Harris of Mecklenburg, Harris of Cleveland, Hipps, Hunt, Jen- 
kins, Jordan, Kincaid, Lawing, Martin, Marvin, Parnell, Plyler, Rand, Rauch, Redman, 
Royall, Speed, Staton, Swain, Tally, Taylor, Thomas of Craven, Thomas of Henderson, 
Tison, Walker, Ward, Warren, White, Winner, Woodard, and Wright — 44. 

Voting in the negative: None. 

The bill, as amended, remains on the Calendar for further consideration, upon third 
reading. 

H. B. 1525, a bill to provide for an election in the northeasternmost part of Dare County 
on the question of establishing a Duck Area Beautification District and to provide for the 
levy and collection of property taxes in this district, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 42, noes 0, as follows: 

Voting in the affirmative: Senators Alford, Allred, Ballenger, Barnes of Wayne, 
Daniels, Davis, Duncan, Edwards of Guilford, Edwards of Caldwell, Guy, Hancock, 
Hardison, Harrington, Harris of Mecklenburg, Harris of Cleveland, Hipps, Hunt, Jen- 
kins, Jordan, Kincaid, Lawing, Martin, Marvin, Parnell, Plyler, Rauch, Redman, Royall, 
Speed, Staton, Tally, Taylor, Thomas of Craven, Thomas of Henderson, Tison, Walker, 
Ward, Warren, White, Winner, Woodard, and Wright — 42. 

Voting in the negative: None. 

The bill remains on the Calendar upon third reading. 

H. B. 1528, a bill to expand the Polk County Board of Commissioners from three to five 
members. 



June 25, 1984 



1984] SENATE JOURNAL 91 

The bill passes its second and third readings and is ordered enrolled. 

H. B. 1529, a bill to authorize wildlife enforcement officers to enforce the littering law in 
certain cases in Rutherford County. 
The bill passes its second and third readings and is ordered enrolled. 

H. B. 1532, a bill to clarify the discretion of the Orange County Board of Elections in 
choosing a location for the additional one-stop absentee voting office approved by the 
General Assembly in the 1983 Regular Session. 

The bill passes its second and third readings and is ordered enrolled. 

H. B. 1559, a bill to regulate road hunting in Jones County. 

The bill passes its second and third readings and is ordered enrolled. 

H. B. 1575, a bill to allow Craven County to levy a room occupancy and tourism 
development tax, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 40, noes 3, as follows: 

Voting in the affirmative: Senators Alford, Ballenger, Barnes of Wayne, Daniels, 
Davis, Duncan, Edwards of Guilford, Guy, Hancock, Hardison, Harrington, Harris of 
Mecklenburg, Harris of Cleveland, Hipps, Hunt, Jenkins, Jordan, Lawing, Martin, 
Marvin, Parnell, Plyler, Rand, Rauch, Royall, Speed, Staton, Swain, Tally, Taylor, 
Thomas of Craven, Thomas of Henderson, Tison, Walker, Ward, Warren, White, Win- 
ner, Woodard, and Wright — 40. 

Voting in the negative: Senators Allred, Kincaid, and Redman — 3. 

The bill is ordered enrolled. 

H. B. 1576, a bill to annex property to the Town of Four Oaks, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 43, noes 0, as follows: 

Voting in the affirmative: Senators Alford, Allred, Ballenger, Barnes of Wayne, 
Daniels, Davis, Duncan, Edwards of Guilford, Guy, Hancock, Hardison, Harrington, 
Harris of Mecklenburg, Harris of Cleveland, Hipps, Hunt, Jenkins, Jordan, Kincaid, 
Lawing, Martin, Marvin, Parnell, Plyler, Rand, Rauch, Redman, Royall, Speed, Staton, 
Swain, Tally, Taylor, Thomas of Craven, Thomas of Henderson, Tison, Walker, Ward, 
Warren, White, Winner, Woodard, and Wright — 43. 

Voting in the negative: None. 

The bill is ordered enrolled. 

H. B. 1584, a bill to allow the City of Oxford, Granville County, to make street 
improvements and assess without petition, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 43, noes 0, as follows: 

Voting in the affirmative: Senators Alford, Allred, Ballenger, Barnes of Wayne, 
Daniels, Davis, Duncan, Edwards of Guilford, Guy, Hancock, Hardison, Harrington, 
Harris of Mecklenburg, Harris of Cleveland, Hipps, Hunt, Jenkins, Jordan, Kincaid, 
Lawing, Martin, Marvin, Parnell, Plyler, Rand, Rauch, Redman, Royall, Speed, Staton, 
Swain, Tally, Taylor, Thomas of Craven, Thomas of Henderson, Tison, Walker, Ward, 
Warren, White, Winner, Woodard, and Wright — 43. 

Voting in the negative: None. 

The bill is ordered enrolled. 

H. B. 1590, a bill to authorize and implement an occupancy tax in Cumberland County, 
upon third reading. 



June 25, 1984 



92 SENATE JOURNAL [Second Session 

The bill passes its third reading by roll-call vote, ayes 40, noes, 3, as follows: 

Voting in the affirmative: Senators Alford, Ballenger, Barnes of Wayne, Daniels, 
Davis, Duncan, Edwards of Guilford, Guy, Hancock, Hardison, Harrington, Harris of 
Mecklenburg, Harris of Cleveland, Hipps, Hunt, Jenkins, Jordan, Lawing, Martin, 
Marvin, Parnell, Plyler, Rand, Rauch, Royall, Speed, Staton, Swain, Tally, Taylor, 
Thomas of Craven, Thomas of Henderson, Tison, Walker, Ward, Warren, White, Win- 
ner, Woodard, and Wright — 40. 

Voting in the negative: Senators Allred, Kincaid, and Redman — 3. 

The bill is ordered enrolled. 

H. B. 1591, a bill to provide for the election of the members of the Weldon City Board of 
Education. 
The bill passes its second and third readings and is ordered enrolled. 

H. B. 1595, a bill authorizing the Town of Long Beach to levy an occupancy lax and to 
protect city occupancy tax returns from disclosure, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 40, noes 3, as follows: 

Voting in the affirmative: Senators Alford, Ballenger, Barnes of Wayne, Daniels, 
Davis, Duncan, Edwards of Guilford, Guy, Hancock, Hardison, Harrington, Harris of 
Mecklenburg, Harris of Cleveland, Hipps, Hunt, Jenkins, Jordan, Lawing, Martin, 
Marvin, Parnell, Plyler, Rand, Rauch, Royall, Speed, Staton, Swain, Tally, Taylor, 
Thomas of Craven, Thomas of Henderson, Tison, Walker, Ward, Warren, White, Win- 
ner, Woodard, and Wright — 40. 

Voting in the negative: Senators Allred, Kincaid, and Redman — 3. , ^, ■< 

The bill is ordered enrolled. 

H. B. 1610, a bill to allow the Town of Walstonburg to sell certain property at private 
sale. 
The bill passes its second and third readings and is ordered enrolled. 

H. B. 1619 (Committee Substitute), a bill changing the method of distribution of the 
New Hanover County occupancy tax. 

The Committee Substitute bill passes its second and third readings and is ordered 
enrolled. 

H. B. 1621, a bill to allow Guilford County to levy a room occupancy and tourism 
development tax, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 40, noes 3, as follows: 

Voting in the affirmative: Senators Alford, Ballenger, Barnes of Wayne, Daniels, 
Davis, Duncan, Edwards of Guilford, Guy, Hancock, Hardison, Harrington, Harris of 
Mecklenburg, Harris of Cleveland, Hipps, Hunt, Jenkins, Jordan, Lawing, Martin, 
Marvin, Parnell, Plyler, Rand, Rauch, Royall, Speed, Staton, Swain, Tally, Taylor, 
Thomas of Craven, Thomas of Henderson, Tison, Walker, Ward, Warren, White, Win- 
ner, Woodard, and Wright — 40. 

Voting in the negative: Senators Allred, Kincaid, and Redman — 3. 

The bill is ordered enrolled. 

H. B. 1624, a bill to include one satellite area within the corporate limits of the Town of 
Edenton, upon third reading. 
The bill passes its third reading by roll-call vote, ayes 43, noes, 0, as follows: 
Voting in the affirmative: Senators Alford, Allred, Ballenger, Barnes of Wayne, 



June 25, 1984 



1984] SENATE JOURNAL 93 

Daniels, Davis, Duncan, Edwards of Guilford, Guy, Hancock, Hardison, Harrington, 
Harris of Mecklenburg, Harris of Cleveland, Hipps, Hunt, Jenkins, Jordan, Kincaid, 
Lawing, Martin, Marvin, Parnell, Plyler, Rand, Rauch, Redman, Royall, Speed, Staton, 
Swain, Tally, Taylor, Thomas of Craven, Thomas of Henderson, Tison, Walker, Ward, 
Warren, White, Winner, Woodard, and Wright — 43. 

Voting in the negative: None. 

The bill is ordered enrolled. 

H. B. 1626, a bill to ehminate the requirement in Durham County that cosmetologists 
shall employ only hcensed personnel to do shampooing. 
The bill passes its second and third readings and is ordered enrolled. 

H. J. R. 1704, a joint resolution authorizing the 1983 General Assembly, 1984 Session, 
to consider a bill to be entitled an act to increase various medical license and registration 
fees collected by the Board of Medical Examiners of the State of North Carohna. 

The joint resolution passes its second (electronically recorded) and third readings and is 
ordered enrolled. 

SPECIAL MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

The following special messages are received from the House of Representatives: 

S. B. 732, a bill to revise the Charter of the Town of Orrum, for concurrence in House 
Amendment No. 1 which is placed on the Calendar for tomorrow, June 26. 

H. B. 1676, a bill to require that tax liens be advertised in a newspaper only one time 
instead of four times. 
Referred to Special Ways and Means Committee. 

H. B. 1682, a bill clarifying the scope of the property tax exemption for special nuclear 
materials. 
Referred to Finance Committee. 

H. J. R. 1723, a joint resolution authorizing the 1983 General Assembly, 1984 Session, 
to consider a bill to be entitled an act to codify certain crimes and defenses. 

On motion of Senator Swain, the rules are suspended (electronically recorded) and the 
joint resolution is placed before the Senate for immediate consideration. 

The joint resolution passes its second and third readings and is ordered enrolled. 

H. J. R. 1752, a joint resolution authorizing the 1983 General Assembly, 1984 Session, 
to consider a bill to be entitled an act to exempt certain salesmen from the hcensing 
requirement of the North Carolina Time Share Act. 

On motion of Senator Lawing, the rules are suspended and the joint resolution is placed 
on the Calendar for today. 

The joint resolution passes its second and third readings and is ordered enrolled. 

H. J. R. 1753, a joint resolution requesting the continuation and expansion of the 
statewide screening service for the detection of certain neonatal metabohc disorders. 

On motion of Senator Lawing, the rules are suspended, and the joint resolution is placed 
before the Senate for immediate consideration. 

The joint resolution passes its second and third readings and is ordered enrolled. 

On motion of Senator Lawing, seconded by Senator Harris of Cleveland, the Senate 
adjourns to meet tomorrow at 1:00 P. M. 



June 25. 1984 



94 SENATE JOURNAL [Second Session 

ONE HUNDRED FIFTY-FIRST DAY 

• ■ - ' Senate Chamber, 

• ' ' Tuesday, June 26, 1984. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Green, Lieutenant Governor. 

Prayer is offered by the Reverend James H. Miller, First United Methodist Church, 
Cary, as follows: 

"0 God, our Father; 400 years of history and experience have given us so many 
evidences of Your guidance to our ancestors on these shores, to nations and individuals; 
that we should not doubt Your power or Your willingness to direct us. Give us the faith to 
beUeve that when You want us to do or not to do any particular thing, You find a way of 
letting us know it. 

"May the members of this legislative body be willing to be led by You, even to make 
difficult and unpopular decisions, that Your will may be done in and through them for the 
good of this State, the preservation of its marvelous natural resources, and the benefit of 
its people. 

"This we ask in Jesus' name. Amen." 

Senator Lawing for the Rules and Operation of the Senate Committee announces that 
the Journal of yesterday has been examined and is found to be correct. On his motion, the 
Senate dispenses with the reading of the Journal and it stands approved as written. 

The President grants leaves of absence to Senators Barnes of Forsyth and Harris of 
Mecklenburg for today and to Senator Guy for Wednesday through Friday, June 27 - 29. 
A leave of absence granted previously to Senator Childers is noted. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

S. B. 734 (Committee Substitute), an act to create the North Carolina Hazardous 
Waste Treatment Commission. (Ch. 973) 

S. B. 766, an act to rename State Highway 704 as the "Wesley D. Webster Highway." 
(Ch. 974) 

S. J. R. 777, a joint resolution authorizing the 1984 Regular Session of the General 
Assembly to consider a bill to be entitled an act authorizing counties to establish cemetery 
service districts. (Res. 76) 

S. J. R. 825, a joint resolution memorializing Congress and the President in support of 
comprehensive social security disability reform. (Res. 77) 

S. J. R. 830, a joint resolution authorizing the 1983 General Assembly, 1984 Session, to 
consider a bill to be entitled an act to amend G. S. 20-309 pertaining to the reregistration of 
a vehicle after revocation of the hcense plate for failure to maintain financial responsibil- 
ity. (Res. 82) 



June 26, 1984 



1984] SENATE JOURNAL 95 

H. B. 385 (Committee Substitute), an act authorizing a court to order procurement of a 
proper license. (Ch. 972) 

H. B. 1500, an act to create a Public Employee Supplemental Income Retirement Plan. 
(Ch. 975) 

H. B. 1528, an act to expand the Polk County Board of Commissioners from three to five 
members. (Ch. 976) 

H. B. 1529, an act to authorize wildlife enforcement officers to enforce the littering law 
in certain cases in Rutherford County. (Ch. 977) 

H. B. 1532, an act to clarify the discretion of the Orange County Board of Elections in 
choosing a location for the additional one-stop absentee voting office approved by the 
General Assembly in the 1983 Regular Session. (Ch. 978) 

H. B. 1559, an act to regulate road hunting in Jones County. (Ch. 979) 

H. B. 1575, an act to allow Craven County to levy a room occupancy and tourism 
development tax. (Ch. 980) 

H. B. 1576, an act to annex property to the Town of Four Oaks. (Ch. 981) 

H. B. 1584, an act to allow the City of Oxford, Granville County, to make street 
improvements and assess without petition. (Ch. 982) 

H. B. 1590, an act to authorize and implement an occupancy tax in Cumberland County. 
(Ch. 983) 

H. B. 1591, an act to provide for the election of the members of the Weldon City Board of 
Education. (Ch. 984) 

H. B. 1595, an act authorizing the Town of Long Beach to levy an occupancy tax and to 
protect city occupancy tax returns from disclosure. (Ch. 985) 

H. B. 1610, an act to allow the Town of Walstonburg to sell certain property at private 
sale. (Ch. 986) 

H. B. 1619 (Committee Substitute), an act changing the method of distribution of the 
New Hanover County occupancy tax. (Ch. 987) 

H. B, 1621, an act to allow Guilford County to levy a room occupancy and tourism 
development tax. (Ch. 988) 

H. B. 1624, an act to include one satelhte area within the corporate limits of the Town of 
Edenton. (Ch. 989) 

H. B. 1626, an act to ehminate the requirement in Durham County that cosmetologists 
shall employ only licensed personnel to do shampooing. (Ch. 990) 

H. J. R. 1704, a joint resolution authorizing the 1983 General Assembly, 1984 Session, 
to consider a bill to be entitled an act to increase various medical license and registration 
fees collected by the Board of Medical Examiners of the State of North Carohna. 
(Res. 78) 



June 26, 1984 



96 SENATE JOURNAL [Second Session 

H. J. R. 1723, a joint resolution authorizing the 1983 General Assembly, 1984 Session, 
to consider a bill to be entitled an act to codify certain crimes and defenses. (Res. 79) 

H. J. R. 1752, a joint resolution authorizing the 1983 General Assembly, 1984 Session, 
to consider a bill to be entitled an act to exempt certain salesmen from the licensing 
requirement of the North Carolina Time Share Act. (Res. 80) 

H. J. R. 1753, a joint resolution requesting the continuation and expansion of the 
statewide screening service for the detection of certain neonatal metabolic disorders. 
(Res. 81) 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing and select committees, read by their 
titles, together with the reports accompanying them, and take their place on the Calen- 
dar, as follows: 

By Senator Rauch for the Finance Committee: 

H. B. 1483, a bill regarding refunds of tax paid on gasohol and other alcohol fuels, with a 
favorable report. 

H. B. 1485, a bill repeaUng various obsolete tax statutes and making technical correc- 
tions to the revenue laws, with a favorable report. 

H. B. 1488, a bill authorizing the Secretary of Revenue to employ collection agencies to 
collect taxes due this State from tax payers located outside the State, with a favorable 
report. 

H. J. R. 1504, a joint resolution authorizing the 1984 Regular Session of the General 
Assembly to consider a bill to be entitled an act regarding limitations on State financial aid 
to airports, with a favorable report. 

H. J. R. 1510, a joint resolution authorizing the 1984 Regular Session of the General 
Assembly to consider a bill to be entitled an act regarding federal assistance in the 
purchase of navigational aids for North Carolina airports, with a favorable report. 

By Senator Swain for the Special Ways and Means Committee: 

S. B. 845, a bill to amend the present law relating to the theft of cable television 
services, with a favorable report. 

S. B. 862, a bill to permit non-Indians to become tenants of housing provided by the 
State Indian Housing Authority, with a favorable report. 

H. B. 1535, a bill to rewrite the statute under which nonpubhc post-secondary educa- 
tional institutions may be licensed to conduct post-secondary degree activity in North 
Carolina, with a favorable report. 

H. B. 1547, a bill to provide for a four-year term for the Mayor of the Town of Fair Bluff 
and staggered four-year terms for the Town Board of Commissioner, with a favorable 
report. 

H. B. 1554, a bill to amend the Charter of Charlotte relating to excusing members of 
council from voting, with a favorable report. 



June 26, 1984 



1984] SENATE JOURNAL 97 

H. B. 1588, a bill to provide special elections for filling vacancies on the Lumberton City 
Council and for Mayor, with a favorable report. 

H. B. 1594, a bill to amend the distribution of proceeds from the operation of hquor 
stores in the Town of Calabash, with a favorable report. 

H. B. 1596, a bill limiting the trapping season in Brunswick County, with a favorable 
report. 

H. B. 1597, a bill to authorize the Town of Ocean Isle Beach to levy special assessments 
to meet a portion of the cost of constructing sewage collection and treatment facilities 
prior to construction completion of such system, with a favorable report. 

H. B. 1615, a bill authorizing the City of Lumberton to levy a transient occupancy tax, 
with a favorable report. 

H. B. 1623, a bill regarding discounts for prepayment of property taxes levied by the 
Town of Broadway in Lee County, with a favorable report. 

H. B. 1625, a bill to incorporate the Town of Shallotte Point, subject to a referendum, 
with a favorable report. 

H. B. 1633, a bill to amend the Sedimentation Pollution Control Act of 1973, with a 
favorable report. 

H. B. 1676, a bill to require that tax liens be advertised in a newspaper only one time 
instead of four times, with a favorable report. 

H. B. 1332 (Committee Substitute), a bill to require that a person ordered to attend 
D.W.L school shall attend the school in the county of residence unless extenuating 
circumstances exist, with an unfavorable report as to Committee Substitute bill, but 
favorable as to Senate Committee Substitute bill. 

On motion of Senator Swain, the rules are suspended and the Senate Committee 
Substitute bill which changes the title to read, H. B. 1332 (Senate Committee Substitute), 
a bill to be entitled an act to require that a person ordered to attend D.W.L school shall 
attend the school in the county of residence unless extenuating circumstances exist and to 
exempt district attorneys from the obligation to pay bar dues, is placed before the Senate 
for immediate consideration. 

On motion of Senator Swain, the Senate Committee Substitute bill is adopted, and on 
his further motion is placed on the Calendar for Wednesday, June 27. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senator Hipps: 

S. B. 853, a bill to appropriate funds for a management study of the Nantahala Gorge. 
Referred to Appropriations Committee. 

By Senator Royall: 

S. J, R. 859, a joint resolution authorizing the 1983 General Assembly, 1984 Session, to 



June 26, 1984 



98 SENATE JOURNAL [Second Session 

consider a bill to be entitled an act to propose amendments to the Constitution to provide a 
single six-year term for the Governor and Lieutenant Governor and a single four-year 
term for the Governor and Lieutenant Governor. 

Referred to Rules and Operation of the Senate Committee. ' 

By Senators Thomas of Henderson and Hipps: 

S. B. 860, a bill to appropriate funds for the establishment of a dispute settlement center 
in Macon County. 

Referred to Appropriations Committee. - 

By Senators Thomas of Henderson and Hipps: 

S. B. 861, a bill to appropriate funds for the estabhshment of a dispute settlement center 
in Cherokee County. 

Referred to Appropriations Committee. 

By Senators Thomas of Henderson and Hipps: , „; ,; ,, , 

S. B. 863, a bill to appropriate funds for the estabhshment of a dispute settlement center 
in Hayv^ood County. 

Referred to Appropriations Committee. 

By Senators Hipps and Thomas of Henderson: / ,,. 

S. B. 864, a bill to appropriate funds for the estabhshment of a dispute settlement center 
in Henderson County. 

Referred to Appropriations Committee. 

By Senators Thomas of Henderson and Hipps: 

S. B. 865, a bill to appropriate funds for the estabhshment of a dispute settlement center 
in Jackson County. 

Referred to Appropriations Committee. 

By Senators Thomas of Henderson and Hipps: 

S. B. 866, a bill to appropriate funds for the establishment of a dispute settlement center 
in Swain County. 

Referred to Appropriations Committee. 

By Senators Thomas of Henderson and Hipps: 

S. B. 867, a bill to appropriate funds for the establishment of a dispute settlement center 
in Polk County. #> 

Referred to Appropriations Committee. 

By Senators Thomas of Henderson and Hipps: 

H. B. 868, a bill to appropriate funds for the estabhshment of a dispute settlement in 
Clay County. ., 

Referred to Appropriations Committee. 

By Senators Thomas of Henderson and Hipps: 



June 26, 1984 



1984] SENATE JOURNAL 99 

S. B. 869, a bill to appropriate funds for the establishment of a dispute settlement center 
in Transylvania County. 
Referred to Appropriations Committee. 

By Senators Thomas of Henderson and Hipps: 

S. B. 870, a bill to appropriate funds for the estabhshment of a dispute settlement center 
in Graham County. 

Referred to Appropriations Committee. 

By Senators Marvin, Harris of Cleveland, and Rauch: 

S. B. 871, a bill to appropriate funds for the Lincoln Arts Council. 
Referred to Appropriations Committee. 

Senator Lawing moves that Rule 40 be suspended (electronically recorded) to allow the 
introduction and referral to committee of the following bill, which motion prevails by a 
two-thirds majority vote. 

By Senators Thomas of Henderson and Hipps: 

S. B. 872, a bill to appropriate funds for the Bates House Rape Crisis Center. 
Referred to Appropriations Committee. 

Senator Lawing moves that Rule 40 be suspended (electronically recorded) to allow the 
introduction and referral to committee of the following bill, which motion prevails by a 
two-thirds majority vote. 

By Senators Hipps and Thomas of Henderson: 

S. B. 873, a bill to appropriate funds for the Haywood Educational Enrichment Pro- 
gram. 

Referred to Appropriations Committee. 

Senator Lawing moves that Rule 40 be suspended (electronically recorded) to allow the 
introduction and referral to committee of the following bill, which motion prevails by a 
two-thirds majority vote. 

By Senators Hipps and Thomas of Henderson: 

S. B. 874, a bill to appropriate funds for a wildlife hatchery. 
Referred to Appropriations Committee. 

Senator Lawing moves that Rule 40 be suspended (electronically recorded) to allow the 
introduction and referral to committee of the following bill, which motion prevails by a 
two-thirds majority vote. 

By Senators Hipps and Thomas of Henderson: 

S. B. 875, a bill to appropriate funds to the Haywood Repertory Theater. 
Referred to Appropriations Committee. 

Senator Lawing moves that Rule 40 be suspended (electronically recorded) to allow the 
introduction and referral to committee of the following bill, which motion prevails by a 
two-thirds majority vote. 



June 26, 1984 



100 SENATE JOURNAL [Second Session 

By Senators Hipps and Thomas of Henderson: 

S. B. 876, a bill to appropriate funds for the Waynesville Armory Renovation. 
Referred to Appropriations Committee. 

Senator Thomas of Henderson moves that Rule 40 be suspended (electronically re- 
corded) to allow the introduction and referral to committee of the following bill, which 
motion prevails by a two-thirds majority vote. 

By Senators Thomas of Henderson and Hipps: 

S. B. 877, a bill authorizing counties to establish cemetery service districts. 

On motion of Senator Thomas of Henderson, the rules are suspended (electronically 
recorded) and the bill is placed on the Calendar for Wednesday, June 27, upon second 
reading. 

Senator Jenkins moves that Rule 40 be suspended (electronically recorded) to allow the 
introduction and referral to committee of the following bill, which motion prevails by a 
two-thirds majority vote. 

By Senators Lawing, Alford, Ballenger, Barnes of Wayne, Daniels, Davis, Duncan, 
Edwards of Guilford, Edwards of Caldwell, Guy, Hardison, Harrington, Harris of Meck- 
lenburg, Harris of Cleveland, Hipps, Hunt, Jenkins, Kincaid, Marion, Martin, Parnell, 
Plyler, Rand, Ranch, Redman, Soles, Speed, Staton, Swain, Tally, Taylor, Thomas of 
Craven, Thomas of Henderson, Tison, Ward, White, Winner, and Wright: 

S. B. 878, a bill to phase out over three years the State subsidy for local officers in the 
Law Enforcement Officers Retirement System. 
Referred to Appropriations Committee. 

Senator Jenkins moves that Rule 40 be suspended (electronically recorded) to allow the 
introduction and referral to committee of the following bill, which motion prevails by a 
two-thirds majority vote. 

By Senator Jenkins: 

S. B. 880, a bill to amend G. S. 20-309 pertaining to reregistration of a vehicle after 
revocation of the license plate for failure to maintain financial responsibility. 
Referred to Special Ways and Means Committee. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

H. B. 1525, a bill to provide for an election in the northeasternmost part of Dare County 
on the question of estabhshing a Duck Area Beautification District and to provide for the 
levy and collection of property taxes in this district, upon third reading. 
The bill passes its third reading by roll-call vote, ayes 36, noes 0, as follows: 
Voting in the affirmative: Senators Alford, Allred, Ballenger, Barnes of Wayne, 
Daniels, Davis, Duncan, Edwards of Guilford, Edwards of Caldwell, Guy, Hardison, 
Harrington, Hipps, Hunt, Jenkins, Johnson, Marion, Martin, Marvin, Parnell, Rand, 
Ranch, Redman, Soles, Speed, Staton, Taylor, Thomas of Craven, Thomas of Henderson, 
Tison, Walker, Warren, White, Winner, Woodard, and Wright — 36. : , 



June 26, 1984 



1984] SENATE JOURNAL 101 

Voting in the negative: None. 
The bill is ordered enrolled. 

S. B. 732, a bill to revise the Charter of the Town of Orrum, for concurrence in House 
Amendment No. 1. 

On motion of Senator Parnell, the Senate concurs in House Amendment No. 1 (elec- 
tronically recorded) and the bill is ordered enrolled. 

H. B. 1482, a bill to change the method of determining the sales price of a motor vehicle 
in a casual sale and eliminate the requirement that the sales price of a motor vehicle in a 
casual sale be based on the book value of the vehicle, as amended, upon third reading. 

The bill, as amended, passes its third reading by roll-call vote, ayes 44, noes 0, as 
follows: 

Voting in the affirmative: Senators Alford, Allred, Ballenger, Barnes of Wayne, 
Daniels, Davis, Duncan, Edwards of Guilford, Edwards of Caldwell, Gray, Guy, Hancock, 
Hardison, Harrington, Hipps, Hunt, Jenkins, Johnson, Jordan, Kincaid, Marion, Martin, 
Marvin, Parnell, Plyler, Rand, Rauch, Redman, Royall, Soles, Speed, Staton, Swain, 
Tally, Taylor, Thomas of Craven, Tison, Walker, Ward, Warren, White, Winner, Wood- 
ard, and Wright — 44. 

Voting in the negative: None. 

The bill, as amended, is ordered sent to the House of Representatives for concurrence in 
Senate Amendment No. 1. 

S. B. 852, a bill to authorize the construction and the financing, without appropriations 
from the General Fund, of certain capital improvements projects by constituent in- 
stitutions of the University of North Carolina, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 43, noes 0, as follows: 

Voting in the affirmative: Senators Alford, Allred, Ballenger, Barnes of Wayne, 
Daniels, Davis, Duncan, Edwards of Guilford, Edwards of Caldwell, Gray, Guy, Hancock, 
Hardison, Harrington, Hipps, Hunt, Jenkins, Johnson, Jordan, Kincaid, Marion, Martin, 
Marvin, Parnell, Plyler, Rauch, Redman, Royall, Soles, Speed, Staton, Tally, Taylor, 
Thomas of Craven, Thomas of Henderson, Tison, Walker, Ward, Warren, White, Win- 
ner, Woodard, and Wright — 43. 

Voting in the negative: None. 

The bill remains on the Calendar for further consideration upon third reading. 

H. B. 474 (Committee Substitute), a bill to allow attorney's fees award in certain civil 
cases, as amended, upon third reading. 

Senator Martin offers Amendment No. 2. 

On motion of Senator Barnes of Wayne, the Committee Substitute bill, as amended, 
with pending Amendment No. 2, is recommitted to the Judiciary III Committee. 

S. B. 745, a bill to clarify the confidentiality requirements in the declaration of domicil- 
iary home residents' rights. 
On motion of Senator Gray, Committee Amendment No. 1 is adopted. 
The bill, as amended, passes its second (electronically recorded) and third readings. 
The bill, as amended, is ordered engrossed and sent to the House of Representatives. 

H. B. 738 (Senate Committee Substitute), a bill to authorize the Legislative Research 
Commission to study the issue of strict hability for damages resulting from hazardous 
wastes in North CaroHna. 



June 26, 1984 



102 SENATE JOURNAL [Second Session 

Senator Swain offers Amendment No. 1 which is adopted (electronically recorded). 
The Senate Committee Substitute bill, as amended, is ordered, without objection, 
engrossed and rereferred to the Appropriations Committee. 

H. B. 1383, a bill concerning inactive hazardous substance disposal sites. 
On motion of Senator Plyler, consideration of the bill is postponed until Wednesday, 
June 27. 

H. J. R. 1670, a joint resolution authorizing the 1984 Regular Session of the General 
Assembly to consider a bill to be entitled an act to include registered political committees 
in the list of organizations allowed to conduct licensed raffles. 

The joint resolution passes its second (electronically recorded) and third readings. 

The joint resolution is ordered enrolled. ? .• ; 

H. J. R. 1717, a joint resolution authorizing the 1983 General Assembly, 1984 Session, 
to consider a bill to be entitled an act to modify the application of the moratorium on 
nursing home certificates of need. 

The joint resolution passes its second (electronically recorded) and third readings. 

The joint resolution is ordered enrolled. 

S. B. 470 (House Committee Substitute), a bill to clarify the law regarding corneal 
tissue removal, for concurrence in the House Committee Substitute bill. 

On motion of Senator Swain, the Senate concurs (electronically recorded) in the House 
Committee Substitute bill and the bill is ordered enrolled. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

H. B. 1754, a bill to regulate raffles. 

Referred to Special Ways and Means Committee. , 

RE-REFERRAL ii 

H. B. 1369, a bill to enlarge the Mooresville City School District. 
On motion of Senator Redman the bill is taken from the State Government Committee 
and re-referred to the Special Ways and Means Committee. 

On motion of Senator Lawing, seconded by Senator Royall, the Senate adjourns to meet 
tomorrow at 1:00 P. M. 



ONE HUNDRED FIFTY-SECOND DAY 

Senate Chamber, 
Wednesday, June 27, 1984. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Green, Lieutenant Governor. r i; :. ' 



June 27, 1984 



1984] SENATE JOURNAL 103 

Prayer is offered by Rabbi Yussi Groner as follows: 

"Adon Ho'adonim. Melech Ha'olomim 

"Master of Masters, King of the Universe. Bless this great assemblage with Your 
kindness. Share Your wisdom with us. Impart of Your knowledge with those who work 
with true devotion for the benefit of the people of this great State. 

"Bestow peace, goodness and blessing, life, graciousness, kindness and mercy upon us. 
May we find grace in Your eyes, and be worthy of Your blessing. Amen." 

Senator Lawing for the Rules and Operation of the Senate Committee announces that 
the Journal of yesterday has been examined and is found to be correct. On his motion, the 
Senate dispenses with the reading of the Journal and it stands approved as written. 

Courtesies of the gallery are extended to James Holshouser of Moore County, former 
Governor of North Carolina, and to P. C. Collins, former member of the House of 
Representatives from Surry County. 

A leave of absence granted previously to Senator Childers is noted. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

S. B. 470 (House Committee Substitute), an act to clarify the law regarding corneal 
tissue removal. (Ch. 992) 

S. B. 732, an act to revise the Charter of the Town of Orrum. (Ch. 993) 

S. B. 735, an act to amend the Charter of the City of Lumberton relating to uptown 
development projects. (Ch. 996) 

S. B. 739, an act to annex certain property to the City of Jacksonville. (Ch. 997) 

S. B. 740, an act to extend the freeze on the issuance of certificates of need for new 
intermediate care facility beds for the mentally retarded. (Ch. 998) 

S. B. 741, an act to provide time to study the need for and the providing of services by 
home health agencies as alternatives to institutional care, (Ch. 999) 

S. B. 742, an act to make final agency decisions on certificates of need appealable to the 
North Carolina Court of Appeals. (Ch. 1000) 

S. B. 744, an act to end the moratorium on nursing home construction. (Ch. 1001) 

S. B. 774, an act to make technical and clarifying changes to the Certificate of Need 
Law. (Ch. 1002) 

H. B. 1398, an act to require an applicant for appointment of a receiver to furnish a bond 
payable to the adverse party. (Ch. 994) 

H. B. 1517, an act to abohsh certain executive branch boards and to consolidate the 
functions of certain executive branch boards. (Ch. 995) 



June 27, 1984 



104 SENATE JOURNAL [Second Session 

H. B. 1525, an act to provide for an election in the northeasternmost part of Dare 
County on the question of estabHshing a Duck Area Beautification District and to provide 
for the levy and collection of property taxes in this district. (Ch 991) 

H. J. R. 1670, a joint resolution authorizing the 1984 Regular Session of the General 
Assembly to consider a bill to be entitled an act to include registered political committees 
in the list of organizations allowed to conduct licensed raffles. (Res. 83) 

H. J. R. 1717, a joint resolution authorizing the 1983 General Assembly, 1984 Session, 
to consider a bill to be entitled an act to modify the apphcation of the moratorium on 
nursing home certificates of need. (Res. 84) 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senators Thomas of Henderson and Hipps: 

S. B. 879, a bill to direct the Board of Agriculture to develop a proposed State grading 
system for apples and a plan to bring the farmers market in Cherokee County under the 
State Marketing Authority and to appropriate funds for that purpose. 

Referred to Appropriations Committee. 

By Senator Edwards of Caldwell: 

S. B. 881, a bill to appropriate funds for the Granite Falls Recreation Center. 
Referred to Appropriations Committee. 

By Senators Thomas of Craven and Daniels: 

S. B. 882, a bill to provide additional funding for temporary openings of shellfish 
growing waters 

Referred to Appropriations Committee. 

By Senator Marion: 

S. B. 883, a bill to appropriate funds for a Watauga County Senior Citizens Center. 
Referred to Appropriations Committee. 

Senator Hancock moves that Rule 40 be suspended (electronically recorded) to allow 
the introduction and referral to committee of the following joint resolution, which motion 
prevails by two-thirds majority vote. 

By Senator Hancock: 

S. J. R. 884, a joint resolution authorizing the 1984 Regular Session of the 1983 General 
Assembly to consider a bill to be entitled an act to permit a District Board of Health to be 
composed of at least fifteen but no more than eighteen members. 

On motion of Senator Hancock, the rules are suspended and the joint resolution is 
placed before the Senate for immediate consideration. 

The joint resolution passes its second (electronically recorded) and third readings and is 
ordered, without objection, sent to the House of Representatives by special messenger. 

Senator Hancock moves that Rule 40 be suspended (electronically recorded) to allow 



June 27, 1984 



1984] SENATE JOURNAL 105 

the introduction and referral to committee of the following bill, which motion prevails by 
two-thirds majority vote. 

By Senators Hancock and Royall: 

S. B. 887, a bill to appropriate funds to the Department of Human Resources for Fiscal 
Year 1984 - 85 to be used to support the provision of resources to health professionals and 
parents of hearing impaired children. 

Referred to Appropriations Committee. 

Senator Swain offers a motion that Rule 40 be suspended to allow the introduction and 
referral to committee of the following joint resolution, which motion he subsequently 
withdraws. 

By Senator Swain: 

S. J. R. 889, a joint resolution authorizing 1983 General Assembly, 1984 Session, to 
consider a bill to be entitled an act to put North Carolina in compliance with a Federal 
Court decision concerning straight ticket voting. 

Senator Swain offers a motion that Rule 40 be suspended to allow the introduction and 
referral to committee of the following joint resolution, which motion he subsequently 
withdraws. 

By Senator Swain: 

S. J. R. 890, a joint resolution authorizing the 1983 General Assembly, 1984 Session, to 
consider a bill to be entitled an act to establish the North Carolina Advisory Council on the 
Eastern Band of the Cherokee. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 

H. B. 1526 (Committee Substitute), a bill to permit regulation of sand dunes by Kitty 
Hawk, Kill Devil Hills, Nags Head and Southern Shores. 
Referred to Special Ways and Means Committee. 

H. B. 1587, a bill to provide for the maintenance of health education facilities. 
Referred to Rules and Operation of the Senate Committee. 

SPECIAL MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

The following special messages are received from the House of Representatives: 

H. B. 1583 (Committee Substitute), a bill to permit the Granville County Commission- 
ers to regulate shining Ughts in deer areas. 
Referred to Special Ways and Means Committee. 

H. B. 1630, a bill to amend the conflict of interest law relating to hospitals. 
Referred to Rules and Operation of the Senate Committee. 

H. B. 1768, a bill regarding the letting of contracts for airport construction and repair. 
Referred to Special Ways and Means Committee. 



June 27, 1984 



106 SENATE JOURNAL [Second Session 

H. B. 1777, a bill to increase various medical license and registration fees collected by 
the Board of Medical Examiners of the State of North Carohna. 
Referred to Finance Committee. 

, , REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing and select committees, read by their 
titles, together with the reports accompanying them, and take their place on the Calen- 
dar, as follows: 

By Senator Rauch for Finance Committee: 

H. B. 88, a bill to raise the annual gift tax exclusion from three thousand dollars to ten 
thousand dollars, with a favorable report. 

H. B. 104, a bill to allow one spouse to apply both his gift tax annual exclusion and his 
spouse's annual exclusion to gifts made to anyone other than his spouse, with a favorable 
report. 

H. B. 650, a bill to provide a fuel tax refund to sohd waste compacting vehicles for the 
amount of fuel consumed by the vehicle in compacting waste, with a favorable report. 

H. B. 1572, a bill authorizing Cherokee County to levy a room occupancy and tourism 
development tax, with a favorable report. 

H. B. 1513 (Committee Substitute), a bill to change the State tax structure for 
commodities and services provided by certain utilities to enable individuals to deduct the 
taxes on these commodities and services from their federal income, with a favorable 
report, as amended. 

By Senator Harris of Cleveland for the Human Resources Committee: 

H. B. 370 (Committee Substitute), a bill to provide a licensing program for Hospices, 
with an unfavorable report as to bill, but favorable as to Senate Committee Substitute bill. 

On motion of Senator Harris of Cleveland, the rules are suspended and the Senate 
Committee Substitute bill is placed before the Senate for immediate consideration and on 
his further motion the Senate Committee Substitute bill is adopted. 

On motion of Senator Harris of Cleveland, the Senate Committee Substitute bill is 
placed on the Calendar for today (electronically recorded). its 

By Senator Plyler for the Pensions and Retirement Committee: 

S. B. 776, a bill to amend the law permitting temporary State employment to be 
purchased as creditable service in the Teachers' and State Employees' Retirement 
System, with a favorable report. 

S. B. 815, a bill to permit members of the Teachers' and State Employees' Retirement 
System to purchase service credits for employment with a local government employer and 
to repeal the provision for local government service credits at no cost to members with 
past service with a new participating employer in the Local Governmental Employees' 
Retirement System, with a favorable report. 

H. B. 1632, a bill to permit the purchase of retirement service credits in the Teachers' 



June 27, 1984 



1984] ; SENATE JOURNAL 107 

and State Employees' Retirement System for prior part-time service, with a favorable 
report. 

H. B. 1681, a bill to merge the Uniform Judicial, Uniform Solicitorial and Uniform 
Clerks of Superior Court Retirement Systems into the Consolidated Judicial Retirement 
System, with a favorable report. 

H. B. 1544, a bill to grant a six percent increase in the retirement allowances of 
beneficiaries in the North Carolina Local Governmental Employees' Retirement System 
payable beginning July 1, 1984, with a favorable report, as amended. 

By Senator Lawing for the Rules and Operation of the Senate Committee: 

S. B. 842, a bill to appoint a person to public office upon the recommendation of the 
President Pro Tempore of the Senate, with a favorable report. 

S. B. 847, a bill to change the expiration date of the Life Care Centers Certificate of 
Need Law, with a favorable report. 

By Senator Swain for the Special Ways and Means Committee: 

S. B. 880, a bill to amend G. S. 20-309 pertaining to reregistration of a vehicle after 
revocation of the Hcense plate for failure to maintain financial responsibility, with a 
favorable report. 

H. B. 1754, a bill to regulate raffles, with a favorable report. 

On motion of Senator Swain, the bill is re-referred to the Rules and Operation of the 
Senate Committee. 

H. B. 1283 (Committee Substitute), a bill to limit cities in their requirements for 
dedication of water systems as part of subdivision regulations applicable to areas outside 
of the city limits, with a favorable report, as amended. 

H. B. 1369, a bill to enlarge the Mooresville City School District, with an unfavorable 
report as to bill, but favorable as to Senate Committee Substitute bill. 

On motion of Senator Swain, the rules are suspended and the Senate Committee 
Substitute bill, which changes the title to read H. B. 1369 (Senate Committee Substitute), 
a bill relating to the three school systems in Iredell County, is placed before the Senate for 
immediate consideration. 

On motion of Senator Swain, the Senate Committee Substitute bill is adopted, and on 
his further motion is placed on the Calendar for today. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 

H. B. 1701, a bill to permit assignments of State employees' wages made to meet child 
support obligations. 

Referred to Special Ways and Means Committee. 

H. B. 1709 (Committee Substitute), a bill to protect the public interest in the sale or 
lease of public hospital facihties. 

Referred to State Government Committee. 



June 27, 1984 



108 SENATE JOURNAL [Second Session 

SPECIAL MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

The following special messages are received from the House of Representatives: 

H. B. 1697, a bill to exempt from inheritance tax one-half the amount of certain personal 
property held by a husband and wife as joint tenants with right of survivorship. 
Referred to Finance Committee. 

H. B. 1771, a bill to authorize the construction and the financing, without appropria- 
tions from the General Fund, of certain capital improvements projects by constituent 
institutions of the University of North Carolina. 

On motion of Senator Hardison, the rules are suspended, and the bill is placed on the 
Calendar for tomorrow, upon second reading. 

H. B. 1772, a bill relating to bond issuance and assessments. 

On motion of Senator Hardison, the rules are suspended, and the bill is placed on the 
Calendar for tomorrow, upon second reading. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

H. B. 1597, a bill to authorize the Town of Ocean Isle Beach to levy special assessments 
to meet a portion of the cost of constructing sewage collection and treatment facilities 
prior to construction completion of such system, upon second reading. 

On motion of Senator Swain, the bill is recommitted to the Special Ways and Means 
Committee. 

H. B. 1615, a bill authorizing the City of Lumberton to levy a transient occupancy tax, 
upon second reading. 

The bill passes its second reading by roll-call vote, ayes 40, noes 2, as follows: 

Voting in the affirmative: Senators Alford, Ballenger, Barnes of Wayne, Barnes of 
Forsyth, Daniels, Davis, Duncan, Edwards of Guilford, Edwards of Caldwell, Guy, 
Hancock, Hardison, Harrington, Harris of Mecklenburg, Hunt, Jenkins, Johnson, Jor- 
dan, Lawing, Marion, Martin, Parnell, Plyler, Rand, Ranch, Redman, Royall, Speed, 
Staton, Swain, Tally, Taylor, Thomas of Craven, Tison, Walker, Ward, Warren, White, 
Woodard, and Wright — 40. 

Voting in the negative: Senators Allred and Kincaid — 2. 

The bill remains on the Calendar upon third reading. ' 

H. B. 1625, a bill to incorporate the Town of Shallotte Point, subject to a referendum, 
upon second reading. 

The bill passes its second reading by roll-call vote, ayes 45, noes 0, as follows: 

Voting in the affirmative: Senators Alford, Allred, Ballenger, Barnes of Wayne, Barnes 
of Forsyth, Daniels, Davis, Edwards of Guilford, Edwards of Caldwell, Guy, Hancock, 
Hardison, Harrington, Harris of Mecklenburg, Hipps, Hunt, Jenkins, Johnson, Jordan, 
Kincaid, Lawing, Marion, Martin, Marvin, Parnell, Plyler, Rand, Ranch, Redman, 
Royall, Soles, Speed, Staton, Swain, Tally, Taylor, Thomas of Craven, Thomas of Hen- 
derson, Tison, Walker, Warren, White, Winner, Woodard, and Wright — 45. 

Voting in the negative: None. 

The bill remains on the Calendar upon third reading. 



June 27, 1984 



1984] SENATE JOURNAL 109 

H. B. 1515, a bill to provide local flexibility in the financing of the Industrial- 
Agricultural Development Commission of Lenoir County. 

On motion of Senator Hardison, the bill is recommitted to the Local Government and 
Regional Affairs Committee. 

H. B. 1547, a bill to provide for a four-year term for the Mayor of the Town of Fair Bluff 
and staggered four-year terms for the Town Board of Commissioner. 
The bill passes its second and third readings and is ordered enrolled. 

H. B. 1554, a bill to amend the Charter of Charlotte relating to excusing members of 
council from voting. 
The bill passes its second and third readings and is ordered enrolled. 

H. B. 1588, a bill to provide special elections for filling vacancies on the Lumberton City 
Council and for Mayor. 
The bill passes its second and third readings and is ordered enrolled. 

H. B. 1594, a bill to amend the distribution of proceeds from the operation of liquor 
stores in the Town of Calabash. 
The bill passes its second and third readings and is ordered enrolled. 

H. B. 1596, a bill limiting the trapping season in Brunswick County. 
The bill passes its second and third readings and is ordered enrolled. 

H. B. 1623, a bill regarding discounts for prepayment of property taxes levied by the 
Town of Broadway in Lee County. 
The bill passes its second and third readings and is ordered enrolled. 

S. B. 852, a bill to authorize the construction and the financing, without appropriations 
from the General Fund, of certain capital improvements projects by constituent in- 
stitutions of the University of North Carohna, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 44, noes 0, as follows: 

Voting in the affirmative: Senators Alford, Allred, Ballenger, Barnes of Wayne, Barnes 
of Forsyth, Daniels, Davis, Duncan, Edwards of Guilford, Edwards of Caldwell, Guy, 
Hancock, Hardison, Harrington, Harris of Mecklenburg, Hipps, Hunt, Jenkins, Johnson, 
Jordan, Kincaid, Lawing, Marion, Martin, Marvin, Parnell, Rauch, Redman, Royall, 
Soles, Speed, Staton, Swain, Tally, Taylor, Thomas of Craven, Thomas of Henderson, 
Tison, Walker, Ward, Warren, White, Winner, and Wright — 44. 

Voting in the negative: None. 

The bill is ordered, without objection, sent to the House of Representatives by special 
messenger. 

S. B. 877, a bill authorizing counties to establish cemetery service districts. 

The bill passes its second reading by roll-call vote, ayes 42, noes 0, as follows: 

Voting in the affirmative: Senators Alford, Allred, Ballenger, Barnes of Wayne, Barnes 
of Forsyth, Daniels, Davis, Duncan, Ec wards of Guilford, Edwards of Caldwell, Guy, 
Hancock, Hardison, Harris of Mecklenburg, Hipps, Hunt, Jenkins, Johnson, Jordan, 
Marion, Martin, Marvin, Parnell, Rauch, Redman, Royall, Soles, Speed, Staton, Swain, 
Tally, Taylor, Thomas of Craven, Thomas, of Henderson, Tison, Walker, Ward, Warren, 
White, Winner, Woodard, and Wright — 42. 

Voting in the negative: None. 

The bill remains on the Calendar for further consideration upon third reading. 



June 27, 1984 



no SENATE JOURNAL [Second Session 

S. B. 845, a bill to amend the present law relating to the theft of cable television 

services. 
Senator Staton offers Amendment No. 1 which is adopted, (electronically recorded) 
On motion of Senator Edwards of Caldwell, the bill, as amended, is recommitted to the 

Special Ways and Means Committee. 

S. B. 862, a bill to permit non-Indians to become tenants of housing provided by the 
State Indian Housing Authority. 

The bill passes its second (electronically recorded) and third readings and is ordered 
without objection, sent to the House of Representatives by special messenger. 

H. B. 1332 (Senate Committee Substitute), a bill to require that a person ordered to 
attend D. W. I. school shall attend the school in the county of residence unless extenuating 
circumstances exist and to exempt district attorneys from the obligation to pay bar dues. 

The Senate Committee Substitute bill passes its second (electronically recorded) and 
third readings and is ordered sent to the House of Representatives for concurrence in the 
Senate Committee Substitute bill. 

H. B. 1383, a bill concerning inactive hazardous substance disposal sites. 
Senator Swain offers Amendment No. 1 which is adopted. 

On motion of Senator Hardison, the bill, as amended, is re-referred to the Appropria- 
tions Committee. 

H. B. 1483, a bill regarding refunds of tax paid on gasohol and other alcohol fuels. 
The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

H. B. 1485, a bill repealing various obsolete tax statutes and making technical correc- 
tions to the revenue laws. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

H. B. 1488, a bill authorizing the Secretary of Revenue to employ collection agencies to 
collect taxes due this State from tax payers located outside the State. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

H. J. R. 1504, a joint resolution authorizing the 1984 Regular Session of the General 
Assembly to consider a bill to be entitled an act regarding limitations on State financial aid 
to airports. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

H. J. R. 1510, a joint resolution authorizing the 1984 Regular Session of the General 
Assembly to consider a bill to be entitled an act regarding federal assistance in the 
purchase of navigational aids for North Carohna airports. 

The joint resolution passes its second (electronically recorded) and third readings and is 
ordered enrolled. 

H. B. 1535, a bill to rewrite the statute under which nonpubhc post-secondary educa- 
tional institutions may be licensed to conduct post-secondary degree activity in North 
Carolina. 



June 27, 1984 



1984] SENATE JOURNAL 111 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

H. B. 1633, a bill to amend the Sedimentation Pollution Control Act of 1973. 
The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

H. B. 1676, a bill to require that tax liens be advertised in a newspaper only one time 
instead of four times. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

H. B. 1369 (Senate Committee Substitute), a bill relating to the three school systems in 
Iredell County. 

The Chair rules the Senate Committee Substitute bill does not require a call of the roll. 

The Senate Committee Substitute bill passes its second and third readings and is 
ordered sent to the House of Representatives for concurrence in the Senate Committee 
Substitute bill, without objection, by special messenger. 

H. B. 370 (Senate Committee Substitute), a bill to provide a hcensing program for 
Hospices. 

The Senate Committee Substitute bill passes its second (electronically recorded) and 
third readings and is ordered sent to the House of Representatives for concurrence in the 
Senate Committee Substitute bill, without objection, by special messenger. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing and select committees, read by their 
titles, together with the reports accompanying them, and take their place on the Calen- 
dar, as follows: 

By Senator Barnes of Wayne for the Judiciary III Committee: 

H. B. 474 (Committee Substitute), a bill to allow attorney's fees award in certain civil 
cases, with an unfavorable report as to Committee Substitute bill, but favorable as to 
Senate Committee Substitute bill. 

On motion of Senator Barnes of Wayne, the rules are suspended and the Senate 
Committee Substitute bill which changes the title to read H. B. 474 (Senate Committee 
Substitute), a bill to allow the awarding of attorney's fees in certain civil cases, is placed 
before the Senate for immediate consideration. 

On motion of Senator Barnes of Wayne, the Senate Committee Substitute bill is 
adopted, and on his further motion is placed on the Calendar for tomorrow, June 28. 

CONFERENCE REPORT 

S. B. 14 

Senator Harris of Cleveland, for the Conferees appointed to consider the differences 
arising between the Senate and House of Representatives upon S. B . 14, a bill to eliminate 
mandatory retirement at age 70 for persons covered under the State Employees or Local 
Government Employees Retirement System, submits the following report: 



June 27, 1984 



112 SENATE JOURNAL [Second Session 

To the President of the Senate and the 
Speaker of the House of Representatives: 

We, your conferees, appointed to resolve the differences arising between the Senate 
and the House of Representatives on SENATE BILL 14 A BILL TO BE ENTITLED 
AN ACT TO ELIMINATE MANDATORY RETIREMENT AT AGE 70 FOR PER- 
SONS COVERED UNDER THE STATE EMPLOYEES OR LOCAL GOVERNMENT 
EMPLOYEES RETIREMENT SYSTEM, wish to report as follows: 

The Senate concurs in House Amendment #L 

The Senate concurs in House Amendment #2 with the following amendments: 

(1) in lines 1 and 2 of the amendment, delete "sections"and insert in Ueu thereof 
"section" 

(2) in Hne 7 of the amendment, delete "and clerical" 

(3) on pages 1 and 2 of the amendment delete proposed Section 3 

(4) on page 1, line 8 of the bill, delete "January 1" and insert "October 1" - 

(5) on line 3 of the Amendment #2, change "Sec. 2" to "Sec. 2.1." 

To this end, the conferees recommend that the Senate and House of Representatives 
adopt the foregoing report. 

This the day of 1984. ","' 

S/ Ollie Harris S/ Gus Economos 

S/ Richard Barnes ' S/ Martin Lancaster 

S/ Rachel Gray S/ Betty Thomas - ; . -.3!^^ 

S/ Marvin Ward •. ■ . : ,■ S/ Henry Tison • ,.,:'■;; 

S/ Russell Walker ;,j /•;.,, 

Conferees on the part Conferees on the part of the 

of the Senate . House of Representatives . ♦ 

On motion of Senator Harris of Cleveland, the Conference Report is adopted (electroni- 
cally recorded) and a message is ordered sent to the House of Representatives informing 
that Honorable Body of such action. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

"N House OF Representatives . - 

June 27, 1984 

Mr. President: 

It is ordered that a message be sent your Honorable Body with the information that 
pursuant to General Statutes 126-2, the House of Representatives has confirmed the 
nomination of Mr. W. H. Lyon of Creedmoor, North Carolina, as a member of the State 
Personnel Commission. 

Respectfully, 

S/ Grace A. Collins 

Principal Clerk 

June 27, 1984 



1984] SENATE JOURNAL 113 

The Chair declares the Senate in recess until 4:00 P. M. for the purpose of committee 
meetings. 

AFTERNOON SESSION — 4:00 P. M. 

The Senate meets pursuant to recess and is called to order by the Honorable James C. 
Green, Lieutenant Governor, 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

H J. R. 1504, a joint resolution authorizing the 1984 Regular Session of the General 
Assembly to consider a bill to be entitled an act regarding limitations on State financial aid 
to airports. (Res. 85) 

H J. R. 1510, a joint resolution authorizing the 1984 Regular Session of the General 
Assembly to consider a bill to be entitled an act regarding federal assistance in the 
purchase of navigational aids for North Carolina airports. (Res. 86) 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing and select committees, read by their 
titles, together with the reports accompanying them, and take their place on the Calen- 
dar, as follows: 

By Senator Staton for the State Government Committee: 

H. B. 578, a bill to provide that the Wake County ABC Board consist of five members, 
with a favorable report. 

On motion of Senator Staton, the rules are suspended and the bill is placed before the 
Senate for immediate consideration. 

The bill, passes its second and third readings and is ordered enrolled. 

Senator Staton moves that the vote by which the bill passed its third reading be 
reconsidered, which motion prevails. 

Senator Staton offers Amendment No. 1 which is adopted (electronically recorded). 

The bill, as amended, passes its third reading and is ordered sent to the House of 
Representatives for concurrence in Senate Amendment No. 1. 

H. B. 1709 (Committee Substitute), a bill to protect the public interest in the sale or 
lease of public hospital facilities, with a favorable report. 

By Senator Swain for the Special Ways and Means Committee: 

H. B. 1526 (Committee Substitute), a bill to permit regulation of sand dunes by Kitty 
Hawk, Kill Devil Hills, Nags Head and Southern Shores, with a favorable report. 

H. B. 1583 (Committee Substitute), a bill to authorize an extension to two miles of the 
extraterritorial planning jurisdiction of the City of Oxford, with a favorable report. 

H. B. 1768, a bill regarding the letting of contracts for airport construction and repair, 
with a favorable report. 



June 27, 1984 



114 SENATE JOURNAL [Second Session 

H. B. 1261, a bill to provide workers' compensation for farm workers on farms with ten 
or more workers, with a favorable report, as amended. 

H. B. 1365 (Committee Substitute), a bill to amend the powers and duties of the 
Utilities Commission, with a favorable report, as amended. 

H. B. 1567, a bill to enact the Elementary and Secondary School Reform Act of 1984, 
with a favorable report, as amended. 

On motion of Senator Swain, the rules are suspended (electronically recorded) and the 
bill is placed before the Senate for immediate consideration. 

On motion of Senator Swain, the Committee Amendment No. 1 is adopted. 

Senator Warren offers Amendment No. 2 which is adopted (electronically recorded). 

Senator Harris of Cleveland offers Amendment No. 3 which is adopted (electronically 
recorded). 

Senator Soles offers Amendment No. 4 which is adopted (electronically recorded). 

The bill, as amended, passes its second (electronically recorded) reading. 

On objection of Senator Royall to its third reading the bill, as amended, remains on the 
Calendar for further consideration. 

SPECIAL MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

The following special messages are received from the House of Representatives: 

H. B. 687 (Committee Substitute), a bill to allow the purchase of creditable service for 
State and local government employment by members of the Uniform Judicial, Sohcitorial 
and Clerks of Superior Court Retirement Systems at a cost equal to the full acturial 
liability. 

Referred to Pensions and Retirement Committee. 

H. B. 1491, a bill to appoint persons to various public offices upon the recommendation 
of the Speaker of the House of Representatives. 

Referred to Rules and Operation of the Senate Committee. 

H. B. 1736 (Committee Substitute), a bill to modify the coverage under the Group Life 
Insurance plans for members of the Teachers' and State Employees', Local Governmental 
Employees' and Law Enforcement Officers' Retirement Systems so as to cause insurance 
proceeds to be payable on account of the death of any member within six months after 
leaving pay status for any reason at no cost to the retirement systems or State. 

Referred to Pensions and Retirement Committee. 

H J. R. 1776, a joint resolution authorizing the 1983 General Assembly, 1984 Session, to 
consider a bill to be entitled an act to clarify amendments to the Safe Driver Insurance 
Plan. 

Referred to Special Ways and Means Committee. % r. 

S. B. 14 ' ' " • House OF Representatives 

:"■■■ -"■■■-" ■ " June 27, 1984 "''■:':' 

Mr. President: 

It is ordered that a message be sent your Honorable Body with the information that the 
House has adopted the report of the Conferees on S. B. No. 14, 



June 27, 1984 



1984] SENATE JOURNAL 115 

A BILL TO BE ENTITLED AN ACT TO ELIMINATE MANDATORY RETIRE- 
MENT AT AGE 70 FOR PERSONS COVERED UNDER THE STATE EMPLOYEES 
OR LOCAL GOVERNMENT EMPLOYEES RETIREMENT SYSTEM, to the end that 
when a similar action has been taken on the part of the Senate, you may order the bill 
enrolled. 

Respectfully, 

S/ Grace Collins 

Principal Clerk 

The bill is ordered enrolled. 

H. B. 80 (Committee Substitute), a bill to modify current operations and capital 
improvements appropriations for North Carolina State Government for the 1984-85 Fiscal 
Year and to make other changes in the budget operation of the State. 

On motion of Senator Hardison, the rules are suspended (electronically recorded), and 
the Committee Substitute bill is placed before the Senate for immediate consideration. 

Senator Ballenger offers Amendment No. 1 which fails of adoption (electronically 
recorded). 

Senator Royall offers Amendment No. 2 which is adopted (electronically recorded). 

The Committee Substitute bill as amended, passes its second and third readings 
(electronically recorded) and is ordered sent to the House of Representatives for con- 
currence in Senate Amendment No. 2, without objection, by special messenger. 

The Chair directs the Reading Clerk to read: 

APPOINTMENT BY THE GOVERNOR 

STATE OF NORTH CAROLINA 

OFFICE OF THE GOVERNOR 

RALEIGH 27611 

June 27, 1984 
The Honorable Jimmy Green 
Lieutenant Governor 
North Carolina State Senate 
Legislative Building 
Raleigh, North Carolina 27611 

Dear Lieutenant Governor Green: 

Pursuant to G. S. 126-2, 1 am submitting to the North Carolina State Senate the name of 
the person listed below whom I have appointed to serve on the State Personnel Commis- 
sion. 

Mr. William H. Lyon 
235 Wellons Village 
Durham, North Carolina 27703 
My warmest personal regards. 

Sincerely, 

S/ James B. Hunt, Jr. 

Referred to Rules and Operation of the Senate Committee. 

On motion of Senator Lawing, seconded by Senator Rauch, the Senate adjourns to meet 
tomorrow at 1:00 P. M. 

June 27, 1984 



116 SENATE JOURNAL [Second Session 

ONE HUNDRED FIFTY-THIRD DAY 

.;; Senate Chamber, 

Thursday, June 28, 1984. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Green, Lieutenant Governor. 

Prayer is offered by the Reverend Claude Godwin, Senate Chaplain, as follows: 

"Gracious God, You empower us by Your Spirit with zeal for doing Your will, and give 
us wisdom and courage to enable faithful service. We give You thanks this day for all You 
have done for us and pray that You will make us continually aware of Your presence and 
Your will for us as a source of inspiration and strength. We pray today especially for Your 
blessing on those who work for the State of North Carolina; for teachers, engineers, 
administrators, judges, teachers, scientists, secretaries and construction workers — for 
all who labor on behalf of the people of this State. May Your Spirit increase in them 
patience, trust, wisdom and dedication as they do their part in promoting and protecting 
the common good of all of our citizens. Amen." 

Senator Lawing for the Rules and Operation of the Senate Committee announces that 
the Journal of yesterday has been examined and is found to be correct. On his motion, the 
Senate dispenses with the reading of the Journal and it stands approved as written. 

A leave of absence granted previously to Senator Childers is noted. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

S. B. 14, an act to eliminate mandatory retirement at age 70 for persons covered under 
the State Employees or Local Government Employees Retirement System. (Ch. 1019) 

S. B. 725, an act to amend the Gastonia Firemen's Supplementary Pension Fund. 
(Ch. 1016) 

S. B. 759, an act to revise and consolidate the Charter of the Town of Franklin ville and 
to repeal prior local acts. (Ch. 1017) 

S. B. 760, an act concerning economic development projects of the Town of Liberty. 
(Ch. 1015) 

S. B. 817, an act allowing the Department of Transportation to include a municipal 
street as part of the right-of-way when improving a State highway. (Ch. 1020) 

S. B. 848, an act to validate the failure to hold a sanitary district election in 1983. 
(Ch. 1021) 

S. J. R. 855, a joint resolution authorizing the 1983 General Assembly, 1984 Session, to 
consider a bill to be entitled an act to authorize the County of Cumberland to sell industrial 
sites in its industrial park without utilizing the formal bid requirements of Article 12 of 
Chapter 160A of the North Carolina General Statutes. (Res. 87) 



June 28, 1984 



1984] SENATE JOURNAL 117 

S. J. R. 884, a joint resolution authorizing the 1984 Regular Session of the 1983 General 
Assembly to consider a bill to be entitled an act to permit a District Board of Health to be 
composed of at least fifteen but no more than eighteen members. (Res. 88) 

H. B. 370 (Committee Substitute), an act to provide a licensing program for Hospices. 
(Ch. 1022) 

H. B. 1099, an act to provide an income tax credit to farmers who permit their crops to 
be gleaned. (Ch. 1018) 

H. B. 1483, an act regarding refunds of tax paid on gasohol and other alcohol fuels. 
(Ch. 1003) 

H. B. 1485, an act repealing various obsolete tax statutes and making technical 
corrections to the revenue laws. (Ch. 1004) 

H. B. 1488, an act authorizing the Secretary of Revenue to employ collection agencies to 
collect taxes due this State from tax payers located outside the State. (Ch. 1005) 

H. B. 1535, an act to rewrite the statute under which nonpublic post-secondary 
educational institutions may be licensed to conduct post-secondary degree activity in 
North Carolina. (Ch. 1006) 

H. B. 1547, an act to provide for a four-year term for the Mayor of the Town of Fair 
Bluff and staggered four-year terms for the Town Board of Commissioners. (Ch. 1007) 

H. B. 1554, an act to amend the Charter of Charlotte relating to excusing members of 
council from voting. (Ch. 1008) 

H. B. 1588, an act to provide special elections for filling vacancies on the Lumberton 
City Council and for Mayor. (Ch. 1009) 

H. B. 1594, an act to amend the distribution of proceeds from the operation of liquor 
stores in the Town of Calabash. (Ch. 1010) 

H. B. 1596, an act limiting the trapping season in Brunswick County. (Ch. 1011) 

H. B. 1623, an act regarding discounts for prepayment of property taxes levied by the 
Town of Broadway in Lee County. (Ch. 1012) 

H. B. 1676, an act to require that tax liens be advertised in a newspaper only one time 
instead of four times. (Ch. 1013) 

H. B. 1633, an act to amend the Sedimentation Pollution Control Act of 1973. (Ch. 1014) 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing and select committees, read by their 
titles, together with the reports accompanying them, and take their place on the Calen- 
dar, as follows: 

By Senator Ranch for the Finance Committee: 

H. B. 158, a bill to increase the inheritance tax credit for Class A beneficiaries, with a 
favorable report. 



June 28, 1984 



118 SENATE JOURNAL [Second Session 

On motion of Senator Rauch, the rules are suspended and the bill is placed on today's 
Calendar for consideration. 

H. B. 1682, a bill clarifying the scope of the property tax exemption for special nuclear 
materials, with a favorable report. 

On motion of Senator Rauch, the rules are suspended and the bill is placed on today's 
Calendar for consideration. 

H. B. 1697, a bill to exempt from inheritance tax one-half the amount of certain personal 
property held by a husband and wife as joint tenants with right of survivorship, with a 
favorable report. 

On motion of Senator Rauch, the rules are suspended and the bill is placed on today's 
Calendar for consideration. 

H. B. 1777, a bill to increase various medical hcense and registration fees collected by 
the Board of Medical Examiners of the State of North Carohna, with a favorable report. 

On motion of Senator Rauch, the rules are suspended and the bill is placed on today's 
Calendar for consideration. 

S. B. 21, a bill to allow an income tax deduction for amounts paid to maintain certain 
parents aged 65 or over, with a favorable report, as amended. 

On motion of Senator Rauch, the rules are suspended and the bill is placed on today's 
Calendar for consideration. 

S. B. 156, a bill to increase the amount of federal retirement pay excluded from gross 
income, with an unfavorable report as to bill, but favorable as to Committee Substitute 
bill. 

On motion of Senator Rauch, the rules are suspended and the Committee Substitute bill 
which changes the title to read, S. B. 156, a bill to provide an additional exclusion from 
income for federal civil service and mihtary retirees who are aged sixty-five or over, is 
placed before the Senate for immediate consideration. 

On motion of Senator Rauch, the Committee Substitute bill is adopted, and on his 
further motion is placed on the Calendar for today. 

H. B. 9, a bill to update the sales tax exemption for medical equipment, with an 
unfavorable report as to bill, but favorable as to Senate Committee Substitute bill. 

On motion of Senator Rauch, the rules are suspended and the Senate Committee 
Substitute bill is placed before the Senate for immediate consideration. 

On motion of Senator Rauch, the Senate Committee Substitute bill is adopted and on his 
further motion is placed on the Calendar for today for further consideration. 

By Senator Swain for the Special Ways and Means Committee: 

S. B. 763, a bill to permit a district board of health to be composed of at least fifteen but 
no more than eighteen members, with a favorable report. 

H. B. 1701, a bill to permit assignments of State employees' wages made to meet child 
support obUgations, with a favorable report. 

H. J. R. 1776, a joint resolution authorizing the 1983 General Assembly, 1984 Session, 
to consider a bill to be entitled an act to clarify amendments to the Safe Driver Insurance 
Plan, with a favorable report. ,. . :,j>;i 



June 28, 1984 



1984] SENATE JOURNAL 119 

H. B. 1739, a bill to repeal or amend various statutes to conform with the North 
Carolina Rules of Evidence, with a favorable report. 

S. B. 845, a bill to amend the present law relating to the theft of cable television 
services, with an unfavorable report as to bill, but favorable as to Committee Substitute 
bill. 

On motion of Senator Swain, the rules are suspended and the Committee Substitute bill 
is placed before the Senate for immediate consideration. 

On motion of Senator Swain, the Committee Substitute bill is adopted, and on his 
further motion is placed on the Calendar for today for further consideration. 

Without objection, the Chair orders the bills reported from committee placed on the 
Calendar for today for further consideration. 

WITHDRAWAL 

H. B. 1597, a bill to authorize the Town of Ocean Isle Beach to levy special assessments 
to meet a portion of the cost of constructing sewage collection and treatment facilities 
prior to construction completion of such system. 

On motion of Senator Soles the rules are suspended (electronically recorded) and the bill 
is removed from the Special Ways and Means Committee and is placed on the Calendar 
for today, upon second reading. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senators Thomas of Henderson and Hipps: 

S. B. 885, a bill to direct the State Board of Education to study the cost and feasibility of 
providing summer employment for certified teachers the summer after they graduate and 
to appropriate funds for that purpose. 

Referred to Appropriations Committee. 

By Senator Taylor: 

S. J. R. 886, a joint resolution proclaiming the month of August, 1984, as Adult Literacy 
Awareness Month. 

On motion of Senator Taylor, the rules are suspended (electronically recorded) and the 
joint resolution is placed before the Senate for immediate consideration. 

The joint resolution passes its second (electronically recorded) and third readings and is 
ordered, without objection, sent to the House of Representatives by special messenger. 

By Senators Thomas of Henderson and Hipps: 

S. B. 888, a bill to appropriate funds for the restoration of historic buildings at the 
John C. Campbell Folk School. 

Referred to Appropriations Committee. 

By Senator Swain: > / v, > -., 

S. J. R. 889, a joint resolution authorizing 1983 General Assembly, 1984 Session, to 



June 28, 1984 



120 SENATE JOURNAL [Second Session 

consider a bill to be entitled an act to put North Carolina in compliance with a Federal 
Court decision concerning straight ticket voting. 
On motion of Senator Swain, the Chair orders the bill held in filed status. 

By Senator Swain: 

S. J. R. 890, a joint resolution authorizing the 1983 General Assembly, 1984 Session, to 
consider a bill to be entitled an act to establish the North Carolina Advisory Council on the 
Eastern Band of the Cherokee. 

On motion of Senator Swain, the Chair orders the bill held in filed status. 

Senator Rand moves that Rule 40 be suspended to allow the introduction and referral to 
committee of the following bill, which motion prevails by a two-thirds majority vote. 

By Senator Rand: 

S. B. 895, a bill to authorize the County of Cumberland to sell industrial sites in its 
industrial park without utilizing the formal bid requirements of Article 12 of Chapter 160 A 
of the North Carolina General Statutes. 

On motion of Senator Rand, the rules are suspended and the bill is placed before the 
Senate for immediate consideration. 

The bill passes its second and third readings and is ordered, without objection, sent to 
the House of Representatives by special messenger. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 

H. B. 1660 (Committee Substitute), a bill to make technical changes to the safe roads 
act. 
Referred to Special Ways and Means Committee. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing and select committees, read by their 
titles, together with the reports accompanying them, and take their place on the Calen- 
dar, as follows: 

By Senator Lawing for the Rules and Operation of the Senate: 

H. B. 1491, a bill to appoint persons to various public offices upon the recommendation 
of the Speaker of the House of Representatives, with a favorable report. 

H. B. 1518, a bill to extend the sunset provisions in G. S. 147-16.2 to all boards and 
councils created by executive officials, with a favorable report. 

H. B. 1557, a bill to amend the Charlotte Firemen's System, with a favorable report. 

H. J. R. 1573, a joint resolution authorizing the 1984 Regular Session of the General 
Assembly to consider a bill to be entitled an act to authorize the Department of Transpor- 
tation to pay for nonbetterment costs of certain water line relocations in the highway 
right-of-way, with a favorable report. 

On motion of Senator Lawing, the rules are suspended and the joint resolution is placed 
before the Senate for immediate consideration. 

The joint resolution passes its second and third readings and is ordered enrolled. 

June 28, 1984 



1984] SENATE JOURNAL 121 

H. J. R. 1574, a joint resolution authorizing the 1984 Regular Session of the General 
Assembly to consider a bill to be entitled an act to provide counties more time to pubhsh a 
notice about certain mineral rights, with a favorable report. 

On motion of Senator Lawing, the rules are suspended and the joint resolution is placed 
before the Senate for immediate consideration. 

The joint resolution passes its second and third readings and is ordered enrolled. 

H. B. 1657, a bill to direct the Wildlife Resources Commission to study the role of 
alcohol and drugs in recreational boating and the need for implementing recommendations 
of the National Transportation Safety Board, with a favorable report. 

H. J. R. 1663, a joint resolution authorizing the 1984 Regular Session of the General 
Assembly to consider a bill to be entitled, an act to amend the law relating to weight of 
vehicles and loads, with a favorable report. 

On motion of Senator Lawing, the rules are suspended and the joint resolution is placed 
before the Senate for immediate consideration. 

The joint resolution passes its second and third readings and is ordered enrolled. 

H. J. R. 1683, a joint resolution authorizing the 1984 Regular Session of the General 
Assembly to consider a bill to be entitled an act to put North CaroUna in compliance with a 
Federal Court decision concerning straight ticket voting, with a favorable report. 

On motion of Senator Lawing, the rules are suspended and the joint resolution is placed 
before the Senate for immediate consideration. 

The joint resolution passes its second and third readings and is ordered enrolled. 

H. J. R. 1694, a joint resolution authorizing the 1984 Regular Session of the General 
Assembly to consider a bill to be entitled an act to reenact former statutory authority for 
public sewerage systems to exercise the power of eminent domain, with a favorable 
report. 

On motion of Senator Lawing, the rules are suspended and the joint resolution is placed 
before the Senate for immediate consideration. 

The joint resolution passes its second and third readings and is ordered enrolled. 

H. J. R. 1737, a joint resolution authorizing the 1983 General Assembly, 1984 Session, 
to consider a bill to be entitled an act to estabhsh the North Carolina Advisory Council on 
the Eastern Band of the Cherokee, with a favorable report. 

On motion of Senator Lawing, the rules are suspended and the joint resolution is placed 
before the Senate for immediate consideration. 

The joint resolution passes its second and third readings and is ordered enrolled. 

H. J. R. 1738, a joint resolution authorizing the 1983 General Assembly, 1984 Session, 
to consider a bill to be entitled an act to improve the collection of criminal history 
information in North Carolina, with a favorable report. 

On motion of Senator Lawing, the rules are suspended and the joint resolution is placed 
before the Senate for immediate consideration. 

The joint resolution passes its second and third readings and is ordered enrolled. 

H. B. 1754, a bill to regulate raffles, with a favorable report, as amended. 

RE-REFERRAL 

H. B. 1660 (Committee Substitute), a bill to make technical changes to the safe roads 
act. 



June 28, 1984 



112 SENATE JOURNAL [Second Session 

On motion of Senator Barnes of Wayne the rules are suspended and the bill is taken from 
the Special Ways and Means Committee and re-referred to the Judiciary III Com- 
mittee. 

H. B. 1511, a bill to amend Chapter 320 of the 1981 Session Laws concerning street 
improvements and assessments in Dare County. 

On motion of Senator Swain the rules are suspended and the bill is taken from the 
Special Ways and Means Committee and is placed on the Calendar for today. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

(The Chair declares the voting equipment inoperative for a portion of today's Session.) 

S. B. 156 (Committee Substitute), a bill to increase the amount of federal retirement 
pay excluded from gross income. 

On motion of Senator Staton, the Committee Substitute bill is re-referred to the Ways 

and Means Committee. , i . 

''';■■' ' !h -' ■-■ ■: .'■ ••■■■' ■ ■' '- ■■,'■'•■" .'■ 

H. B. 1615, a bill authorizing the City of Lumberton to levy a transient occupancy tax, 
upon third reading. 

The bill passes its third reading by roll-call vote, ayes 46, noes 3, as follows: 

Voting in the affirmative: Senators Alford, Ballenger, Barnes of Wayne, Barnes of 
Forsyth, Daniels, Davis, Duncan, Edwards of Guilford, Edwards of Caldwell, Gray, Guy, 
Hancock, Hardison, Harrington, Harris of Mecklenburg, Harris of Cleveland, Hipps, 
Hunt, Jenkins, Johnson, Jordan, Lawing, Marion, Martin, Marvin, Parnell, Plyler, Rand, 
Rauch, Royall, Soles, Speed, Staton, Swain, Tally, Taylor, Thomas of Craven, Thomas of 
Henderson, Tison, Walker, Ward, Warren, White, Winner, Woodard, and Wright — 46. 

Voting in the negative: Senators Allred, Kincaid, and Redman — 3. 

The bill is ordered enrolled. 

H. B. 1625, a bill to incorporate the Town of Shallotte Point, subject to a referendum, 
upon third reading. 

The bill passes its third reading by roll-call vote, ayes 42, noes 0, as follows: 

Voting in the affirmative: Senators Alford, Allred, Ballenger, Barnes of Wayne, Barnes 
of Forsyth, Daniels, Davis, Duncan, Edwards of Guilford, Edwards of Caldwell, Gray, 
Hancock, Hardison, Harris of Mecklenburg, Harris of Cleveland, Hipps, Hunt, Jenkins, 
Jordan, Kincaid, Lawing, Marion, Martin, Marvin, Plyler, Rand, Rauch, Redman, 
Royall, Soles, Speed, Staton, Swain, Tally, Taylor, Thomas of Craven, Tison, Walker, 
Ward, Warren, White, and Wright — 42. 

Voting in the negative: None. '.. '^hm :i^>:= • ,jv .; ; vv.<-':v 

The bill is ordered enrolled. 

H. B. 1572, a bill authorizing Cherokee County to levy a room occupancy and tourism 
development tax, upon second reading. 
The bill passes its second reading by roll-call vote, ayes 45, noes 3, as follows: 
Voting in the affirmative: Senators Alford, Ballenger, Barnes of Wayne, Barnes of 
Forsyth, Daniels, Davis, Duncan, Edwards of Guilford, Edwards of Caldwell, Gray, Guy, 
Hancock, Hardison, Harrington, Harris of Mecklenburg, Harris of Cleveland, Hipps, 
Hunt, Jenkins, Johnson, Jordan, Lawing, Marion, Martin, Marvin, Parnell, Plyler, Rand, 



June 28, 1984 



1984] SENATE JOURNAL 123 

Rauch, Royall, Speed, Staton, Swain, Tally, Taylor, Thomas of Craven, Thomas of 
Henderson, Tison, Walker, Ward, Warren, White, Winner, Woodard and Wright — 45. 

Voting in the negative: Senators Allred, Kincaid, and Redman — 3. 

The bill remains on the Calendar for further consideration upon third reading. 

H. B. 1526 (Committee Substitute), a bill to permit regulation of sand dunes by Kitty 
Hawk, Kill Devil Hills, Nags Head and Southern Shores. 

The Committee Substitute bill passes its second and third readings and is ordered 
enrolled. . 

H. B. 1583 (Committee Substitute), a bill to permit the Granville County Commission- 
ers to regulate shining lights in deer areas. 

The Committee Substitute bill passes its second and third readings and is ordered 
enrolled. 

S. B. 877, a bill authorizing counties to estabHsh cemetery service districts, upon third 
reading. 

The bill passes its third reading by roll-call vote, ayes 47, noes 0, as follows: 

Voting in the affirmative: Senators Alford, Allred, Ballenger, Barnes of Wayne, Barnes 
of Forsyth, Daniels, Davis, Duncan, Edwards of Guilford, Edwards of Caldwell, Gray, 
Guy, Hancock, Hardison, Harrington, Harris of Mecklenburg, Harris of Cleveland, 
Hipps, Hunt, Jenkins, Johnson, Jordan, Kincaid, Lawing, Marion, Martin, Marvin, 
Parnell, Plyler, Rand, Rauch, Redman, Royall, Soles, Speed, Staton, Tally, Taylor, 
Thomas of Henderson, Tison, Walker, Ward, Warren, White, Winner, Woodard, and 
Wright — 47. 

Voting in the negative: None. 

The bill is ordered, without objection, sent to the House of Representatives by special 
messenger. 

H. B. 1771, a bill to authorize the construction and the financing, without appropria- 
tions from the General Fund, of certain capital improvements projects by constituent 
institutions of the University of North Carohna, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 49, noes 0, as follows: 

Voting in the affirmative: Senators Alford, Allred, Ballenger, Barnes of Wayne, Barnes 
of Forsyth, Daniels, Davis, Duncan, Edwards of Guilford, Edwards of Caldwell, Gray, 
Guy, Hancock, Hardison, Harrington, Harris of Mecklenburg, Harris of Cleveland, 
Hipps, Hunt, Jenkins, Johnson, Jordan, Kincaid, Lawing, Marion, Martin, Marvin, 
Parnell, Plyler, Rand, Rauch, Redman, Royall, Soles, Speed, Staton, Swain, Tally, 
Taylor, Thomas of Craven, Thomas of Henderson, Tison, Walker, Ward, Warren, White, 
Winner, Woodard, and Wright — 49. 

Voting in the negative: None. 

The bill remains on the Calendar for further consideration, upon third reading. 

H. B. 1513 (Committee Substitute), a bill to change the State tax structure for 
commodities and services provided by certain utilities to enable individuals to deduct the 
taxes on these commodities and services from their federal income. 

On motion of Senator Rauch, Committee Amendment No. 1 is adopted which is held to 
be material constituting the first reading of the Committee Substitute bill. 

The Committee Substitute bill, as amended, remains on the Calendar for further 
consideration, upon second reading. 



June 28, 1984 



124 SENATE JOURNAL [Second Session 

H. B. 1567, a bill to enact the Elementary and Secondary School Reform Act of 1984, as 
amended, upon third reading. 

On motion of Senator Royall, the bill, as amended, is taken from the Calendar and 
re-referred to the Appropriations Committee. 

S. B. 815, a bill to permit members of the Teachers' and State Employees' Retirement 
System to purchase service credits for employment with a local government employer and 
to repeal the provision for local government service credits at no cost to members with 
past service with a new participating employer in the Local Governmental Employees' 
Retirement System. 

The bill passes its second and third readings and is ordered, without objection, sent to 
the House of Representatives by special messenger. 

S. B. 842, a bill to appoint a person to pubhc office upon the recommendation of the 
President Pro Tempore of the Senate. 

The bill passes its second and third readings and is ordered, without objection, sent to 
the House of Representatives by special messenger. 

S. B. 847, a bill to change the expiration date of the Life Care Centers Certificate of 
Need Law. 

The bill passes its second and third readings and is ordered, without objection, sent to 
the House of Representatives by special messenger. 

S. B. 880, a bill to amend G. S. 20-309 pertaining to reregistration of a vehicle after 
revocation of the license plate for failure to maintain financial responsibility. 

Senator Jenkins offers Amendment No. 1 which is adopted. 

The bill, as amended, passes its second and third readings and is ordered sent to the 
House of Representatives, without objection, by special messenger, without engross- 
ment. 

H. B. 88, a bill to raise the annual gift tax exclusion from three thousand dollars to ten 
thousand dollars. , ., , 

The bill passes its second and third readings and is ordered enrolled. 

H. B. 104, a bill to allow one spouse to apply both his gift tax annual exclusion and his 
spouse's annual exclusion to gifts made to anyone other than his spouse. 
The bill passes its second and third readings and is ordered enrolled. 

H. B. 474 (Senate Committee Substitute), a bill to allow the awarding of attorney's fees 
in certain civil cases. 

The Senate Committee Substitute bill passes its second and third readings and is 
ordered sent to the House of Representatives for concurrence in the Senate Committee 
Substitute bill, without objection, by special messenger. 

H. B. 650, a bill to provide a fuel tax refund to soHd waste compacting vehicles for the 
amount of fuel consumed by the vehicle in compacting waste. :• >► v, 

The bill passes its second and third readings and is ordered enrolled. 

H. B. 1261, a bill to provide workers' compensation for farm workers on farms with ten 
or more workers. 
On motion of Senator Swain, Committee Amendment No. 1 is adopted. 
The bill, as amended, passes its second and third readings and is ordered sent to the 



June 28, 1984 



1984] SENATE JOURNAL 125 

House of Representatives for concurrence in Senate Amendment No. 1, without objec- 
tion, by special messenger. 

H. B. 1283 (Committee Substitute), a bill to limit cities in their requirements for 
dedication of water systems as part of subdivision regulations applicable to areas outside 
of the city limits. 

On motion of Senator White, Committee Amendment No. 1 is adopted. 

The Committee Substitute bill, as amended, passes its second reading. 

On objection of Senator Allred to its third reading, the Committee Substitute bill, as 
amended, remains on the Calendar for further consideration, upon third reading. 

H. B. 1365 (Committee Substitute), a bill to am.end the powers and duties of the 
Utilities Commission. 

On motion of Senator Swain, Committee Amendment No. 1 is adopted. 

Senator Johnson is excused from voting for the stated reason: "Conflict of interest." 

The Committee Substitute bill, as amended, passes its second and third readings and is 
ordered, without objection, sent to the House of Representatives for concurrence in 
Senate Amendment No. 1 by special messenger. 

H. B. 1511, a bill to amend Chapter 320 of the 1981 Session Laws concerning street 
improvements and assessments in Dare County, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 49, noes 0, as follows: 

Voting in the affirmative: Senators Alford, Allred, Ballenger, Barnes of Wayne, Barnes 
of Forsyth, Daniels, Davis, Duncan, Edwards of Guilford, Edwards of Caldwell, Gray, 
Guy, Hancock, Hardison, Harrington, Harris of Mecklenburg, Harris of Cleveland, 
Hipps, Hunt, Jenkins, Johnson, Jordan, Kincaid, Lawing, Marion, Martin, Marvin, 
Parnell, Plyler, Rand, Rauch, Redman, Royall, Soles, Speed, Staton, Swain, Tally, 
Taylor, Thomas of Craven, Thomas of Henderson, Tison, Walker, Ward, Warren, White, 
Winner, Woodard, and Wright — 49. 

Voting in the negative: None. 

The bill remains on the Calendar for further consideration, upon third reading. 

H. B. 1544, a bill to grant a six percent increase in the retirement allowances of 
beneficiaries in the North Carolina Local Governmental Employees' Retirement System 
payable beginning July 1, 1984. 

On motion of Senator Swain, Committee Amendment No. 1 is adopted, changing the 
title upon concurrence to read, H. B. 1544, a bill to grant an eight percent increase in the 
retirement allowances of beneficiaries in the North Carolina Local Governmental Em- 
ployees' Retirement System payable beginning July 1, 1984. 

The bill, as amended, passes its second and third readings and is ordered, without 
objection, sent to the House of Representatives for concurrence in Senate Amendment 
No. 1 by special messenger. 

H. B. 1772, a bill relating to bond issuance and assessments, upon second reading. 
The bill passes its second reading by roll-call vote, ayes 49, noes 0, as follows: 
Voting in the affirmative: Senators Alford, Allred, Ballenger, Barnes of Wayne, Barnes 
of Forsyth, Daniels, Davis, Duncan, Edwards of Guilford, Edwards of Caldwell, Gray, 
Guy, Hancock, Hardison, Harrington, Harris of Mecklenburg, Harris of Cleveland, 
Hipps, Hunt, Jenkins, Johnson, Jordan, Kincaid, Lawing, Marion, Martin, Marvin, 
Parnell, Plyler, Rand, Rauch, Redman, Royall, Soles, Speed, Staton, Swain, Tally, 



June 28, 1984 



126 SENATE JOURNAL [Second Session 

Taylor, Thomas of Craven, Thomas of Henderson, Tison, Walker, Ward, Warren, White, 
Winner, Woodard, and Wright — 49. 

Voting in the negative: None. 

The bill remains on the Calendar for further consideration, upon third reading. 

H. B. 1632, a bill to permit the purchase of retirement service credits in the Teachers' 
and State Employees' Retirement System for prior part-time service. 
The bill passes its second and third readings and is ordered enrolled. 

H. B. 1681, a bill to merge the Uniform Judicial, Uniform Sohcitorial and Uniform 
Clerks of Superior Court Retirement Systems into the Consolidated Judicial Retirement 
System. 

The bill passes its second and third readings and is ordered enrolled. 

H. B. 1709 (Committee Substitute), a bill to protect the public interest in the sale or 
lease of public hospital facilities. 

The Committee Substitute bill passes its second and third readings and is ordered 
enrolled. 

H. B. 1768, a bill regarding the letting of contracts for airport construction and repair. 
The bill passes its second and third readings and is ordered enrolled. 

S. B. 21, a bill to allow an income tax deduction for amounts paid to maintain certain 
parents aged 65 or over. 

On motion of Senator Rauch, Committee Amendment No. 1 is adopted. 

On motion of Senator Hardison, the bill, as amended, is re-referred to the Ways and 
Means Committee. ' ^ 

S. B. 763, a bill to permit a district board of health to be composed of at least fifteen but 
no more than eighteen members. 

The bill passes its second and third readings and is ordered, without objection, sent to 
the House of Representatives by special messenger. 

S. B. 845, a bill to amend the present law relating to the theft of cable television 
services. ,., :. 

Senator Johnson offers Amendment No. 1 which is adopted. ;, r. 

Senator Hipps offers Amendment No. 2 which is adopted. 
Senator Thomas of Henderson offers Amendment No. 3 which remains pending. 

Without objection, the Chair declares the Senate in recess until 4:30 P. M. for the 
purpose of committee meetings. 

^^ AFTERNOON SESSION — 4:30 P. M. 

The Senate meets pursuant to recess and is called to order by the Honorable James C. 
Green, Lieutenant Governor. 

ENROLLED BILLS 

The EnrolHng Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

H. B. 88, an act to raise the annual gift tax exclusion from three thousand dollars to ten 
thousand dollars. (Ch. 1023) 



June 28, 1984 



1984] SENATE JOURNAL 127 

H. B. 104, an act to allow one spouse to apply both his gift tax annual exclusion and his 
spouse's annual exclusion to gifts made to anyone other than his spouse. (Ch. 1024) 

H. B. 650, an act to provide a fuel tax refund to soHd waste compacting vehicles for the 
amount of fuel consumed by the vehicle in compacting waste. (Ch. 1025) 

H. B. 1526 (Committee Substitute), an act to permit regulation of sand dunes by Kitty 
Hawk, Kill Devil Hills, Nags Head and Southern Shores. (Ch. 1026) 

H. J. R. 1573, a joint resolution authorizing the 1984 Regular Session of the General 
Assembly to consider a bill to be entitled an act to authorize the Department of Transpor- 
tation to pay for nonbetterment costs of certain water line relocations in the highway 
right-of-way. (Res. 89) 

H. J. R. 1574, a joint resolution authorizing the 1984 Regular Session of the General 
Assembly to consider a bill to be entitled an act to provide counties more time to pubhsh a 
notice about certain mineral rights. (Res. 90) 

H. B. 1583 (Committee Substitute), an act to permit the Granville County Commission- 
ers to regulate shining lights in deer areas. (Ch. 1027) 

H. J. R. 1663, a joint resolution authorizing the 1984 Regular Session of the General 
Assembly to consider a bill to be entitled an act to amend the law relating to weight of 
vehicles and loads. (Res. 91) 

H. J. R. 1683, a joint resolution authorizing the 1984 Regular Session of the General 
Assembly to consider a bill to be entitled an act to put North Carohna in comphance with a 
Federal Court decision concerning straight ticket voting. (Res. 92) 

H. J. R. 1694, a joint resolution authorizing the 1984 Regular Session of the General 
Assembly to consider a bill to be entitled an act to reenact former statutory authority for 
public sewerage systems to exercise the power of eminent domain. (Res. 93) 

H. J. R. 1737, a joint resolution authorizing the 1983 General Assembly, 1984 Session, 
to consider a bill to be entitled an act to establish the North Carohna Advisory Council on 
the Eastern Band of the Cherokee. (Res. 94) 

H. J. R. 1738, a joint resolution authorizing the 1983 General Assembly, 1984 Session, 
to consider a bill to be entitled an act to improve the collection of criminal history 
information in North Carohna. (Res. 95) 

WITHDRAWAL FROM COMMITTEE 

H. B. 1165, a bill to empower Catawba Memorial Hospital and Alexander County 
Hospital to use attachment and garnishment procedures for collecting unpaid bills. 

On motion of Senator Marion the rules are suspended and the bill is taken from the 
Local Government and Regional Affairs Committee and is placed on the Calendar for 
today. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

H. B. 1283 (Committee Substitute), a bill to limit cities in their requirements for 



June 28, 1984 



128 SENATE JOURNAL [Second Session 

dedication of water systems as part of subdivision regulations applicable to areas outside 
of the city limits, as amended, upon third reading. 

Senator Allred withdraws his objection and with no further objection, the Committee 
Substitute bill, as amended, passes its third reading and is ordered sent to the House of 
Representatives for concurrence in Senate Amendment No. 1. 

S. B. 845, a bill to amend the present law relating to the theft of cable television 
services, as amended, with pending Amendment No. 3. 

On motion of Senator Staton, the bill, as amended, with pending Amendment No. 3 is 
recommitted to the Special Ways and Means Committee. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: ,, 

Senator Edwards of Guilford moves that Rule 40 be suspended to allow the introduction 
and referral to committee of the following joint resolution, which motion prevails by a 
two-thirds majority vote. . 

By Senators Edwards of Guilford, Gray and Martin: 

S. J. R. 893, a joint resolution authorizing the 1983 General Assembly, 1984 Session, to 
consider a joint resolution designating Oak Ridge Military Academy as the Military 
Academy of the State of North Carohna and empowering the Governor to sign its 
diplomas. 

On motion of Senator Edwards of Guilford, the rules are suspended and joint resolution 
is placed before the Senate for immediate consideration. 

The joint resolution passes its second and third readings and is ordered, without 
objection, sent to the House of Representatives by special messenger. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing and select committees, read by their 
titles, together with the reports accompanying them, and take their place on the Calen- 
dar, as follows: 

By Senator Barnes of Wayne for the Judiciary III Committee: 

H. B. 1660 (Committee Substitute), a bill to make technical changes to the safe roads 
act, with an unfavorable report as to Committee Substitute bill, but favorable as to Senate 
Committee Substitute bill. 

On motion of Senator Barnes of Wayne, the rules are suspended and the Senate 
Committee Substitute bill is placed before the Senate for immediate consideration and on 
his further motion the Senate Committee Substitute bill is adopted. 

On motion of Senator Barnes of Wayne, the Senate Committee Substitute bill is placed 
on the Calendar for tomorrow, June 29. 

By Senator Lawing for the Rules and Operation of the Senate Committee: 

H. B. 1587, a bill to provide for the maintenance of health education faciUties, with a 
favorable report. 



June 28, 1984 



1984] SENATE JOURNAL 129 

H. B. 1630, a bill to amend the conflict of interest law relating to hospitals, with a 
favorable report. 

Confirmation of Appointment to Personnel Commission 

The Committee on Rules and Operation to whom this appointment was referred, a 
majority being present and voting, has carefully considered the same and recommend that 
the Senate do confirm the appointment of Mr. William H. Lyon. 

Without objection, the Chair places the matter on the Calendar for tomorrow, June 29. 

S. B. 21, a bill to allow an income tax deduction for amounts paid to maintain certain 
parents aged 65 or over, with a favorable report. 

On motion of Senator Gray, the rules are suspended and the bill is placed on today's 
Calendar for consideration. 

S. B. 156 (Committee Substitute), a bill to increase the amount of federal retirement 
pay excluded from gross income, with a favorable report. 

On motion of Senator Staton, the rules are suspended (electronically recorded) and the 
Committee Substitute bill is placed on today's Calendar for consideration. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

H. B. 1165, a bill to empower Catawba Memorial Hospital and Alexander County 
Hospital to use attachment and garnishment procedures for collecting unpaid bills, upon 
second reading. 

The bill passes its second reading by roll-call vote, ayes 39, noes 3, as follows: 

Voting in the affirmative: Senators Alford, Ballenger, Barnes of Wayne, Barnes of 
Forsyth, Daniels, Davis, Edwards of Guilford, Edwards of Caldwell, Gray, Guy, Han- 
cock, Harrington, Harris of Mecklenburg, Harris of Cleveland, Hipps, Hunt, Jenkins, 
Johnson, Kincaid, Lawing, Marion, Martin, Marvin, Parnell, Plyler, Rand, Rauch, Red- 
man, Soles, Speed, Staton, Tally, Taylor, Thomas of Craven, Tison, Ward, White, 
Woodard, and Wright — 39. 

Voting in the negative: Senators Duncan, Walker, and Winner — 3. 

The bill remains on the Calendar for further consideration upon third reading. 

S. B. 21, a bill to allow an income tax deduction for amounts paid to maintain certain 
parents aged 65 or over, as amended. 

The bill passes its second (electronically recorded) and third readings and is ordered, 
without objection, sent to the House of Representatives by special messenger, without 
engrossment. 

S. B. 156 (Committee Substitute), a bill to increase the amount of federal retirement 
pay excluded from gross income. 

Without objection, the following Senators are excused from voting for the stated 
reason: 

Senator Redman: "Conflict of interest" 

Senator Edwards of Guilford: (none stated) 

The Committee Substitute bill passes its second reading (electronically recorded). 

Senator AUred objects to the third reading. 



June 28, 1984 



130 SENATE JOURNAL [Second Session 

Senator Staton offers a motion the rules be suspended to allow the bill placed upon its 
third reading, which motion prevails. 

The Committee Substitute bill passes its third reading and is ordered, without objec- 
tion, sent to the House of Representatives by special messenger. 

H. B. 9 (Senate Committee Substitute), a bill to update the sales tax exemption for 
medical equipment. 

The bill, as amended, passes its second (electronically recorded) and third readings and 
is ordered sent to the House of Representatives for concurrence in the Senate Committee 
Substitute bill. 

H. B. 158, a bill to increase the inheritance tax credit for Class A beneficiaries. 
The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

H. B. 1597, a bill to authorize the Town of Ocean Isle Beach to levy special assessments 
to meet a portion of the cost of constructing sewage collection and treatment facilities 
prior to construction completion of such system, upon second reading. 

The bill, passes its second reading by roll-call vote, ayes 41, noes 1, as follows: 

Voting in the affirmative: Senators Alford, Allred, Ballenger, Barnes of Wayne, Barnes 
of Forsyth, Daniels, Duncan, Edwards of Guilford, Edwards of Caldwell, Gray, Guy, 
Hancock, Hardison, Harrington, Harris of Cleveland, Hipps, Hunt, Jenkins, Johnson, 
Kincaid, Lawing, Marion, Martin, Parnell, Rand, Rauch, Royall, Soles, Speed, Staton, 
Swain, Tally, Taylor, Thomas of Henderson, Tison, Walker, Ward, White, Winner, 
Woodard, and Wright — 41. 

Voting in the negative: Senator Harris of Mecklenburg — 1. 

The bill remains on the Calendar for further consideration, upon third reading. 

H. B. 1682, a bill clarifying the scope of the property tax exemption for special nuclear 
materials, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 45, noes 0, as follows: 

Voting in the affirmative: Senators Alford, Allred, Ballenger, Barnes of Wayne, Barnes 
of Forsyth, Daniels, Davis, Duncan, Edwards of Caldwell, Gray, Guy, Hancock, Hardi- 
son, Harrington, Harris of Mecklenburg, Harris of Cleveland, Hipps, Hunt, Jenkins, 
Johnson, Kincaid, Lawing, Marion, Martin, Marvin, Parnell, Rand, Rauch, Redman, 
Royall, Soles, Speed, Staton, Swain, Tally, Taylor, Thomas of Henderson, Tison, Walker, 
Ward, Warren, White, Winner, Woodard, and Wright — 45. 

Voting in the negative: None. 

The bill remains on the Calendar for further consideration, upon third reading. 

H. B. 1697, a bill to exempt from inheritance tax one-half the amount of certain personal 
property held by a husband and wife as joint tenants with right of survivorship. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

H. B. 1701, a bill to permit assignments of State employees' wages made to meet child 
support obUgations. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 



June 28, 1984 



1984] SENATE JOURNAL 131 

H. B. 1739, a bill to repeal or amend various statutes to conform with the North 
Carolina Rules of Evidence. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

H. J. R. 1776, a joint resolution authorizing the 1983 General Assembly, 1984 Session, 
to consider a bill to be entitled an act to clarify amendments to the Safe Driver Insurance 
Plan. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

H. B. 1777, a bill to increase various medical license and registration fees collected by 
the Board of Medical Examiners of the State of North Carolina, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 45, noes 1, as follows: 

Voting in the affirmative: Senators Alford, Ballenger, Barnes of Wayne, Barnes of 
Forsyth, Daniels, Davis, Duncan, Edwards of Caldwell, Gray, Guy, Hancock, Hardison, 
Harrington, Harris of Mecklenburg, Harris of Cleveland, Hipps, Hunt, Jenkins, Johnson, 
Kincaid, Lawing, Martion, Martin, Marvin, Parnell, Plyler, Rand, Ranch, Redman, 
Royall, Soles, Speed, Staton, Tally, Taylor, Thomas of Craven, Thomas of Henderson, 
Tison, Walker, Ward, Warren, White, Winner, Woodard, and Wright — 45. 

Voting in the negative: Senator Allred — 1. 

The bill remains on the Calendar for further consideration, upon third reading. 

SPECIAL MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

The following messages are received from the House of Representatives: 

S. B. 514 (Committee Substitute), a bill to amend G. S. 110-136 to permit garnishment 
of up to forty percent of wages for willful failure to provide child support, for concurrence 
in House Amendments 1 and 2. 

On motion of Senator Marvin, the rules are suspended (electronically recorded) and the 
Committee Substitute bill is placed before the Senate for immediate consideration. 

On motion of Senator Marvin, the Senate concurs (electronically recorded) in House 
Amendments 1 and 2 which changes the title to read, S. B. 514 (Committee Substitute), a 
bill to estabUsh a child support processing fee. The Committee Substitute bill is ordered 
enrolled. 

H. B. 1551 (Committee Substitute), a bill to appropriate funds to the Judicial Depart- 
ment and the Administrative Office of the Courts. 
Referred to Pensions and Retirement Committee. 

RECALL FROM ENROLLING 

H. B. 1709, a bill to protect the public interest in the sale or lease of public hospital 
facilities. 

On motion of Senator Soles, the bill is recalled from the Enrolling Office. 

Senator Soles moves that the vote by which the bill passed its third reading be 
reconsidered, which motion prevails. 

The bill is placed on the Calendar for tomorrow, June 29, upon third reading. 

The Chair declares the Senate in recess until 5:45 P. M. for the purpose of committee 
meetings. 



June 28, 1984 



132 SENATE JOURNAL [Second Session 

AFTERNOON SESSION — 5:45 P. M. 

The Senate meets pursuant to recess and is called to order by the Honorable James C. 
Green, Lieutenant Governor. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing and select committees, read by their 
titles, together with the reports accompanying them, and take their place on the Calen- 
dar, as follows: 

By Senator Plyler for the Pensions and Retirement Committee: 

H. B. 1551 (Committee Substitute), a bill to appropriate funds to the Judicial Depart- 
ment and the Administrative Office of the Courts, with a favorable report. 

On motion of Senator Plyler, the Committee Substitute bill is re-referred to the 
Appropriations Committee. 

By Senator Swain for the Special Ways and Means Committee: 

H. B. 721, a bill to extend the filing period for workers' compensation claims when 
accidental injuries are not discovered within two years of the accident, with a favorable 
report, as amended. 

On motion of Senator Swain, the rules are suspended (electronically recorded) and the 
bill is placed on today's Calendar for consideration. 

WITHDRAWAL 

S. B. 845, a bill to amend the present law relating to the theft of cable television 
services, as amended, with Amendment No. 3 pending. 

On motion of Senator Edwards of Caldwell the rules are suspended and the bill, as 
amended, with pending Amendment No. 3 is taken from the Special Ways and Means 
Committee and is placed on the Calendar for immediate consideration. 

Without objection. Senator Thomas of Henderson withdraws Amendment No. 3. 

Senator Hipps moves that the vote by which Amendment No. 2 was adopted be 
reconsidered, which motion prevails. Without objection. Senator Hipps withdraws 
Amendment No. 2. 

Senator Hipps offers Amendment No. 4 which is adopted (electronically recorded). 

The bill, as amended, passes its second (electronically recorded) and third readings and 
is ordered, without objection, sent to the House of Representatives by special messenger, 
without engrossment. 

SPECIAL MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

The following special messages are received from the House of Representatives: 

H. J. R. 1775, a joint resolution declaring legislative approval of the plan of operation 
for the North Carolina Federal Property Agency as promulgated in accordance with 
Public Law 94-519. 

Referred to Special Ways and Means Committee. 

H. B. 1779 (Committee Substitute), a bill to codify certain crimes and defenses. 
Referred to Special Ways and Means Committee. 



June 28, 1984 



1984] SENATE JOURNAL 133 

H. B. 1789, a bill regarding limitations on State financial aid to airports. 
Referred to Special Ways and Means Committee. 

H. B. 110 House of Representatives 

(Committee Substitute No. 3) June 28, 1984 

Mr. President: 

It is ordered that a message be sent your Honorable Body with the information that the 
House fails to concur in the Committee Substitute #3 for H. B. No. 110, A BILL TO BE 
ENTITLED AN ACT TO AUTHORIZE THE LEGISLATIVE COMMITTEE ON 
OCCUPATIONAL AND PROFESSIONAL LICENSURE TO ASSESS PROPOSALS 
FOR THE ESTABLISHMENT OR REVISION OF LICENSING LAWS AND PRO- 
GRAMS ACCORDING TO CRITERIA AND PROCEDURES SPECIFIED HEREIN, 
and requests conferees. The Speaker has appointed Representatives Beam, Chairman; 
Jeralds, and Lancaster on the part of the House to confer with a hke committee appointed 
by the Senate to the end that the differences arising may be adjusted. 

Respectfully, 

S/ Grace Collins 

Principal Clerk 

Senator Royall moves that the President appoint conferees, which motion prevails. The 
President appoints Senators Jenkins, Swain, and Edwards of Caldwell as conferees on the 
part of the Senate and a message is ordered sent to the House of Representatives 
informing that Honorable Body of such action. 

The Chair declares the Senate in recess until 6:15 P. M. for the purpose of committee 
meetings. 

AFTERNOON SESSION — 6:15 P. M. 

The Senate meets pursuant to recess and is called to order by the Honorable James C. 
Green, Lieutenant Governor. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing and select committees, read by their 
titles, together with the reports accompanying them, and take their place on the Calen- 
dar, as follows: 

By Senator Hardison for the Appropriations Committee: 

H. B. 1551 (Committee Substitute), a bill to appropriate funds to the Judicial Depart- 
ment and the Administrative Office of the Courts, with a favorable report, as amended. 

On motion of Senator Hardison, the rules are suspended and the Committee Substitute 
bill is placed before the Senate for immediate consideration and on his further motion 
Committee Amendment No. 1 is adopted. 

The Committee Substitute bill, as amended, passes its second (electronically recorded) 
and third readings and is ordered sent to the House of Representatives for concurrence in 
Senate Amendment No. 1 by special messenger. 

By Senator Plyler for the Pensions and Retirement Committee: 



June 28, 1984 



134 SENATE JOURNAL [Second Session 

H. B. 687 (Committee Substitute), a bill to allow the purchase of creditable service for 
State and local government employment by members of the Uniform Judicial, Solicitorial 
and Clerks of Superior Court Retirement Systems at a cost equal to the full actuarial 
Hability, with a favorable report. 

On motion of Senator Plyler, the rules are suspended (electronically recorded) and the 
Committee Substitute bill is placed before the Senate for immediate consideration. 

The Committee Substitute bill passes its second (electronically recorded) and third 
readings and is ordered enrolled. 

H. B. 1413 (Committee Substitute), a bill to prohibit full-time State employees from 
receiving any State retirement benefits while employed, with a favorable report, as 
amended. 

On motion of Senator Plyler, the rules are suspended (electronically recorded) and the 
Committee Substitute bill is placed before the Senate for immediate consideration and on 
his further motion Committee Amendment No. 1 is adopted. 

The Committee Substitute bill, as amended, passes its second (electronically recorded) 
reading. 

On objection of Senator Warren to its third reading, the Committee Substitute bill, as 
amended, remains on the Calendar for further consideration. 

H. B. 1736, a bill to extend the coverage under the group Hfe insurance plans for 
members of the Teachers' and State Employees', Local Governmental Employees' and 
Law Enforcement Officers' Retirement System so as to cause insurance proceeds to be 
payable on account of the death of any member on an employer approved leave of absence 
without pay because of extended illness whose death occurs within 366 days after leaving 
pay status, with a favorable report. 

On motion of Senator Plyler, the rules are suspended (electronically recorded) and the 
Committee Substitute bill is placed before the Senate for immediate consideration. 

The bill, as amended, passes its second (electronically recorded) and third readings and 
is ordered enrolled. 

CALENDAR ) 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

H. B. 721, a bill to extend the filing period for workers' compensation claims when 
accidental injuries are not discovered within two years of the accident. 

On motion of Senator Swain, Committee Amendment No. 1 is adopted, and, without 
objection, the bill, as amended, is placed on the Calendar for tomorrow, June 29. 

A REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing and select committees, read by their 
titles, together with the reports accompanying them, and take their place on the Calendar 
as follows: 

By Senator Swain for the Special Ways and Means Committee: 

H.J. R. 1775, a joint resolution declaring legislative approval of the plan of operation for 
the North Carolina Federal Property Agency as promulgated in accordance with Public 
Law 94-519, with a favorable report. , « : . .,. 



June 28, 1984 



1984] SENATE JOURNAL 135 

On motion of Senator Swain, the rules are suspended (electronically recorded) and the 
joint resolution is placed before the Senate for immediate consideration. 

The joint resolution passes its second (electronically recorded) and third readings and is 
ordered enrolled. 

H. B. 1779 (Committee Substitute), a bill to codify certain crimes and defenses, with a 
favorable report. 

On motion of Senator Swain, the rules are suspended (electronically recorded) and the 
Committee Substitute bill is placed before the Senate for immediate consideration. 

The Committee Substitute bill passes its second (electronically recorded) and third 
readings and is ordered enrolled, 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

H. B. 1615, an act authorizing the City of Lumberton to levy a transient occupancy tax. 
(Ch. 1028) 

H. B. 1625, an act to incorporate the Town of Shallotte Point, subject to a referendum. 
(Ch. 1029) 

H. B. 1632, an act to permit the purchase of retirement service credits in the Teachers' 
and State Employees' Retirement System for prior part-time service. (Ch. 1030) 

H. B. 1681, an act to merge the Uniform Judicial, Uniform Solicitorial and Uniform 
Clerks of Superior Court Retirement Systems into the Consolidated Judicial Retirement 
System. (Ch. 1031) 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

Senator Edwards of Caldwell moves that Rule 40 be suspended (electronically re- 
corded) to allow the introduction and referral to committee of the following bill, which 
motion prevails by a two-thirds majority vote. 

By Senator Edwards of Caldwell: 

S. B. 891, a bill to appropriate funds to the McGrady Fire Department in Wilkes 
County. 
Referred to Appropriations Committee. 

SPECIAL MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

The following special messages are received from the House of Representatives: 

S. B. 430 (House Committee Substitute), a bill creating a program of early parole for 
nondangerous prisoners who consent to complete service of their terms through communi- 
ty service, for concurrence in the House Committee Substitute bill. 

On motion of Senator Swain, the rules are suspended (electronically recorded) and the 
House Committee Substitute bill is placed before the Senate for immediate consideration. 



June 28, 1984 



136 SENATE JOURNAL [Second Session 

On motion of Senator Harris of Cleveland, the House Committee Substitute bill is 
placed on the Calendar for tomorrow, June 29. 

S. J. R. 730, a joint resolution urging that women and racial minority citizens be 
appointed to State boards, commissions, and councils in numbers proportionate to their 
population in the State, for concurrence in House Amendment No. 1. 

On motion of Senator Lawing, the rules are suspended, and the joint resolution is placed 
before the Senate for immediate consideration. 

On motion of Senator Lawing, the Senate concurs in House Amendment No. 1 and the 
joint resolution is ordered enrolled. 

S. B. 783, a bill to clarify the definition of an ambulatory surgical facility, for con- 
currence in House Amendment No. 1, which is placed on the Calendar for tomorrow, 
June 29. 

On motion of Senator Lawing, seconded by Senator Thomas of Henderson, the Senate 
adjourns to meet tomorrow at 10:00 A.M. 



ONE HUNDRED FIFTY-FOURTH DAY 

/,;':;';■,;'", ,^-., -,,.; „ Senate Chamber, 

Friday, June 29, 1984. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Green, Lieutenant Governor. 

Prayer is offered by the Reverend Claude Godwin, Senate Chaplain, as follows: 

"God our Father: Your Scriptures teach us that You have appointed a time for every- 
thing under heaven. We thank You for the rhythm of work and leisure in life. We pray that 
the work we have done this week has been Your will, and that You will help us to use the 
approaching time of rest to refresh us for labors that remain. Watch over us as we travel, 
and speak to us as we worship, that we may draw from Your Spirit the strength, the 
wisdom, the courage we need to be Your servants. Amen." 

Senator Lawing for the Rules and Operation of the Senate Committee announces that 
the Journal of yesterday has been examined and is found to be correct. On his motion, the 
Senate dispenses with the reading of the Journal and it stands approved as written. 

The President grants a leave of absence to Senator Guy for a portion of today's Session. 
A leave of absence granted previously to Senator Childers is noted. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretaty of State: 

S. B. 780, an act to clarify and make technical amendments to Article 17 of Chapter 120 
of the General Statutes, Confidentiality of Legislative Communications. (Ch. 1038) 



June 29, 1984 



1984] SENATE JOURNAL 137 

H. B. 80, an act to modify current operations and capital improvements appropriations 
for North Carolina State Government for the 1984-85 Fiscal Year and to make other 
changes in the budget operation of the State. (Ch. 1034) 

H. B. 158, an act to increase the inheritance tax credit for Class A beneficiaries. 
(Ch. 1032) 

H. B. 474 (Senate Committee Substitute), an act to allow the awarding of attorney's 
fees in certain civil cases. (Ch. 1039) 

H. B. 578, an act to provide that the Wake County ABC Board consist of five members. 
(Ch. 1040) 

H. B. 687 (Committee Substitute), an act to allow the purchase of creditable service for 
State and Local Government employment by members of the Uniform Judicial, Sohcito- 
rial and Clerks of Superior Court Retirement Systems at a cost equal to the full actuarial 
liability. (Ch. 1041) 

H. B. 1697, an act to exempt from inheritance tax one-half the amount of certain 
personal property held by a husband and wife as joint tenants with right of survivorship. 
(Ch. 1035) 

H. B. 1701, an act to permit assignments of State employees' wages made to meet child 
support obligations. (Ch. 1036) 

H. B. 1739, an act to repeal or amend various statutes to conform with the North 
Carolina Rules of Evidence. (Ch. 1037) 

H. B. 1768, an act regarding the letting of contracts for airport construction and repair. 
(Ch. 1033) 

H. J. R. 1776, a joint resolution authorizing the 1983 General Assembly, 1984 Session, 
to consider a bill to be entitled an act to clarify amendments to the Safe Driver Insurance 
Plan. (Res. 96) 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senator Edwards of Guilford: 

S. J. R. 892, a joint resolution designating Oak Ridge Military Academy as the Military 
Academy of the State of North Carolina and empowering the Governor to sign its 
diplomas. 

On motion of Senator Edwards of Guilford, the rules are suspended and the joint 
resolution is placed on the Calendar for today. 

By Senator Lawing: 

S. B. 894, a billl to appoint persons to various pubhc offices upon the recommendation of 
the President of Senate. 

On motion of Senator Lawing, the rules are suspended (electronically recorded) and the 
bill is placed before the Senate for immediate consideration. 



June 29, 1984 



138 SENATE JOURNAL [Second Session 

The bill passes its second (electronically recorded) and third readings and is ordered, 
without objection, sent to the House of Representatives by special messenger. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing and select committees, read by their 
titles, together with the reports accompanying them, and take their place on the Calen- 
dar, as follows: 

By Senator Swain for the Special Ways and Means Committee: 

H. B. 1654, a bill to direct the Departments of Labor, Crime Control and Pubhc Safety, 
Natural Resources and Community Development, and Human Resources to study 
aspects of the hazardous substances right-to-know issue, with a favorable report. 

H. B. 1789, a bill regarding Hmitations on State financial aid to airports, with a 
favorable report. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

H. B. 1165, a bill to empower Catawba Memorial Hospital and Alexander County 
Hospital to use attachment and garnishment procedures for collecting unpaid bills, upon 
third reading. 

The bill passes its third reading by roll-call vote, ayes 37, noes 1, as follows: 

Voting in the affirmative: Senators Alford, Ballenger, Barnes of Wayne, Barnes of 
Forsyth, Daniels, Davis, Duncan, Edwards of Guilford, Harrington, Harris of Mecklen- 
burg, Harris of Cleveland, Hipps, Hunt, Jenkins, Johnson, Jordan, Kincaid, Lawing, 
Marion, Martin, Marvin, Parnell, Plyler, Rand, Redman, Royall, Soles, Swain, Tally, 
Taylor, Tison, Walker, Ward, Warren, White, Woodard, and Wright — 37. 

Voting in the negative: Senator Winner — 1. 

The bill is ordered enrolled. /. 

H. B. 1511, a bill to amend Chapter 320 of the 1981 Session Laws concerning street 
improvements and assessments in Dare County, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 41, noes 0, as follows: 

Voting in the affirmative: Senators Alford, Ballenger, Barnes of Wayne, Barnes of 
Forsyth, Daniels, Davis, Duncan, Edwards of Guilford, Hardison, Harrington, Harris of 
Mecklenburg, Harris of Cleveland, Hipps, Hunt, Jenkins, Johnson, Jordan, Kincaid, 
Lawing, Marion, Martin, Marvin, Parnell, Plyler, Rand, Rauch, Redman, Royall, Soles, 
Staton, Swain, Tally, Taylor, Thomas of Craven, Tison, Walker, Ward, Warren, White, 
Woodard, and Wright — 41. 

Voting in the negative: None. •■ . ;;. ; , ;■ \- fu r ^:5 

The bill is ordered enrolled. 

H. B. 1572, a bill authorizing Cherokee County to levy a room occupancy and tourism 

development tax, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 40, noes 1, as follows: 

Voting in the affirmative: Senators Alford, Ballenger, Barnes of Wayne, Barnes of 

Forsyth, Daniels, Davis, Duncan, Edwards of Guilford, Hardison, Harrington, Harris of 

Mecklenburg, Harris of Cleveland, Hipps, Hunt, Jenkins, Johnson, Jordan, Lawing, 



June 29, 1984 



1984] SENATE JOURNAL 139 

Marion, Martin, Marvin, Parnell, Plyler, Rand, Rauch, Redman, Royall, Soles, Staton, 
Swain, Tally, Taylor, Thomas of Craven, Tison, Walker, Ward, Warren, White, Wood- 
ard, and Wright — 40. 

Voting in the negative: Senator Kincaid — 1. 

The bill is ordered enrolled. 

H. B. 1597, a bill to authorize the Town of Ocean Isle Beach to levy special assessments 
to meet a portion of the cost of constructing sewage collection and treatment facilities 
prior to construction completion of such system, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 39, noes 1, as follows: 

Voting in the affirmative: Senators Alford, Ballenger, Barnes of Wayne, Barnes of 
Forsyth, Daniels, Davis, Duncan, Edwards of Guilford, Hardison, Harrington, Harris of 
Cleveland, Hunt, Jenkins, Johnson, Jordan, Kincaid, Lawing, Marion, Martin, Marvin, 
Parnell, Plyler, Rand, Rauch, Redman, Royall, Soles, Staton, Swain, Tally, Taylor, 
Thomas of Craven, Tison, Walker, Ward, White, Winner, Woodard, and Wright — 39. 

Voting in the negative: Senator Harris of Mecklenburg — 1. 

The bill is ordered enrolled. 

H. B. 1557, a bill to amend the Charlotte Firemen's System. 

The bill passes its second and third readings and is ordered enrolled. 

H. B. 1682, a bill clarifying the scope of the property tax exemption for special nuclear 
materials, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 38, noes 0, as follows: 

Voting in the affirmative: Senators Alford, Ballenger, Barnes of Forsyth, Daniels, 
Davis, Duncan, Edwards of Guilford, Hardison, Harrington, Harris of Mecklenburg, 
Harris of Cleveland, Hunt, Jenkins, Johnson, Jordan, Kincaid, Marion, Martin, Marvin, 
Parnell, Plyler, Rand, Rauch, Redman, Royall, Soles, Staton, Swain, Tally, Taylor, 
Thomas of Craven, Tison, Walker, Ward, Warren, White, Woodard, and Wright — 38. 

Voting in the negative: None. 

The bill is ordered enrolled. 

H. B. 1771, a bill to authorize the construction and the financing, without appropria- 
tions from the General Fund, of certain capital improvements projects by constituent 
institutions of the University of North Carolina, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 38, noes 0, as follows: 

Voting in the affirmative: Senators Alford, Ballenger, Barnes of Forsyth, Daniels, 
Davis, Duncan, Edwards of Guilford, Hardison, Harrington, Harris of Mecklenburg, 
Harris of Cleveland, Hunt, Jenkins, Johnson, Jordan, Kincaid, Marion, Martin, Marvin, 
Parnell, Plyler, Rand, Rauch, Redman, Royall, Soles, Staton, Swain, Tally, Taylor, 
Thomas of Craven, Tison, Walker, Ward, Warren, White, Woodard, and Wright — 38. 

Voting in the negative: None. 

The bill is ordered enrolled. 

H. B. 1772, a bill relating to bond issuance and assessments, upon third reading. 
The bill passes its third reading by roll-call vote, ayes 38, noes 0, as follows: 
Voting in the affirmative: Senators Alford, Ballenger, Barnes of Forsyth, Daniels, 
Davis, Duncan, Edwards of Guilford, Hardison, Harrington, Harris of Mecklenburg, 
Harris of Cleveland, Hunt, Jenkins, Johnson, Jordan, Kincaid, Marion, Martin, Marvin, 
Parnell, Plyler, Rand, Rauch, Redman, Royall, Soles, Staton, Swain, Tally, Taylor, 
Thomas of Craven, Tison, Walker, Ward, Warren, White, Woodard, and Wright — 38. 



June 29, 1984 



140 SENATE JOURNAL [Second Session 

Voting in the negative: None. 
The bill is ordered enrolled. 

H. B. 1777, a bill to increase various medical license and registration fees collected by 
the Board of Medical Examiners of the State of North Carolina, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 38, noes 0, as follows: 

Voting in the affirmative: Senators Alford, Ballenger, Barnes of Forsyth, Daniels, 
Davis, Duncan, Edv^ards of Guilford, Hardison, Harrington, Harris of Mecklenburg, 
Harris of Cleveland, Hunt, Jenkins, Johnson, Jordan, Kincaid, Marion, Martin, Marvin, 
Parnell, Plyler, Rand, Rauch, Redman, Royall, Soles, Staton, Swain, Tally, Taylor, 
Thomas of Craven, Tison, Walker, Ward, Warren, White, Woodard, and Wright — 38. 

Voting in the negative: None. 

The bill is ordered enrolled. 

H. B. 1513 (Committee Substitute), a bill to change the State tax structure for 
commodities and services provided by certain utilities to enable individuals to deduct the 
taxes on these commodities and services from their federal income, as amended, upon 
second reading. 

The Committee Substitute bill, as amended, passes its second reading by roll-call vote, 
ayes 40, noes 5, as follows: 

Voting in the affirmative: Senators Alford, Ballenger, Barnes of Wayne, Daniels, 
Davis, Duncan, Edwards of Guilford, Hancock, Hardison, Harrington, Harris of Cleve- 
land, Hunt, Jenkins, Johnson, Jordan, Kincaid, Lawing, Marion, Marvin, Parnell, Plyler, 
Rand, Rauch, Redman, Royall, Soles, Speed, Staton, Swain, Tally, Taylor, Thomas of 
Craven, Thomas of Henderson, Tison, Walker, Ward, Warren, White, Woodard, and 
Wright — 40. 

Voting in the negative: Senators Barnes of Forsyth, Harris of Mecklenburg, Hipps, 
Martin, and Winner — 5. 

The Committee Substitute bill, as amended, remains on the Calendar for further 
consideration, upon third reading. 

H. B. 1413 (Committee Substitute), a bill to prohibit full-time State employees from 
receiving any State retirement benefits while employed, as amended, upon third reading. 

The Committee Substitute bill, as amended, passes its third reading (electronically 
recorded) and is ordered sent to the House of Representatives for concurrence in Senate 
Amendment No. 1, without objection, by special messenger. 

H. B. 721, a bill to extend the filing period for workers' compensation claims when 
accidental injuries are not discovered within two years of the accident, as amended. 

On motion of Senator Harris of Cleveland, seconded by Senator Hardison the bill, as 
amended, is tabled (electronically recorded). ' 

H. B. 1491, a bill to appoint persons to various public offices upon the recommendation 
of the Speaker of the House of Representatives. 

Senator Lawing offers Amendment No. 1 which is adopted (electronically recorded). 

The bill, as amended, passes its second (electronically recorded) and third readings and 
is ordered sent to the House of Representatives for concurrence in Senate Amendment 
No. 1. 

H. B. 1518, a bill to extend the sunset provisions in G. S. 147-16.2 to all boards and 
councils created by executive officials. 



June 29, 1984 



1984] SENATE JOURNAL 141 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

H. B. 1709 (Committee Substitute), a bill to protect the public interest in the sale or 
lease of pubUc hospital facilities, upon third reading. 

Senator Soles offers Amendment No. 1. 

Senator Speed offers a motion that consideration of the Committee Substitute bill with 
pending Amendment No. 1 be temporarily postponed, which motion fails to prevail 
(electronically recorded). 

Amendment No. 1 fails of adoption (electronically recorded). 

The Committee Substitute bill passes its third reading (electronically recorded) and is 
ordered enrolled. 

H. B. 1587, a bill to provide for the maintenance of health education facilities. 
The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

H. B. 1630, a bill to amend the conflict of interest law relating to hospitals. 
The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

H. B. 1657, a bill to direct the Wildlife Resources Commission to study the role of 
alcohol and drugs in recreational boating and the need for implementing recommendations 
of the National Transportation Safety Board. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

H. B. 1660 (Senate Committee Substitute), a bill to make technical changes to the safe 
roads act. 

Senator Rand offers Amendment No. 1 which is adopted (electronically recorded). 

Senator Martin offers Amendment No. 2 which fails of adoption (electronically re- 
corded). 

The Senate Committee Substitute bill, as amended, passes its second (electronically 
recorded) and third readings. 

The Senate Committee Substitute bill, as amended, is ordered engrossed and sent to 
the House of Representatives for concurrence in the Senate Committee Substitute bill. 

H. B. 1754, a bill to regulate raffles. 

On motion of Senator Lawing, Committee Amendments Nos. 1 and 2 are adopted. 
The bill, as amended, passes its second (electronically recorded) reading. 
On objection of Senator Winner to its third reading, the bill, as amended, remains on the 
Calendar for further consideration. 

S. B. 430 (House Committee Substitute), a bill creating a program of early parole for 
nondangerous prisoners who consent to complete service of their terms through communi- 
ty service, for concurrence in the House Committee Substitute bill with unengrossed 
amendment. 

On motion of Senator Swain, the Senate concurs in the House Committee Substitute 
bill, upon second reading. 

Senator Thomas of Henderson, Co-Chairman of the Ways and Means Committee, 
requests a fiscal note. 

The Chair orders a fiscal note prepared. 



June 29, 1984 



142 SENATE JOURNAL [Second Session 

The House Committee Substitute bill remains on the Calendar upon third reading for 
further consideration upon receipt of the fiscal note. 

S. B. 783, a bill to clarify the definition of an ambulatory surgical facihty, for con- 
currence in House Amendment No. 1. 

On motion of Senator Rand, the Senate concurs (electronically recorded) in House 
Amendment No. 1 and the bill is ordered enrolled. 

S. J. R. 892, a joint resolution designating Oak Ridge Military Academy of the State of 
North Carolina and empowering the Governor to sign its diplomas. 

On motion of Senator Edwards of Guilford, consideration of the joint resolution is 
postponed until Monday, July 2. 

CONFIRMATION OF APPOINTMENT 

On motion of Senator Lawing, the Senate confirms the appointment of William H. 
Lyon to the State Personnel Commission (electronically recorded). 

A message is ordered sent to the House of Representatives notifying that Honorable 
Body of such action. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

S. B. 815, an act to permit members of the Teachers' and State Employees' Retirement 
System to purchase service credits for employment with a local government employer and 
to repeal the provision for local government service credits at no cost to members with 
past service with a new participating employer in the Local Governmental Employees' 
Retirement System. (Ch. 1045) 

S. B. 847, an act to change the expiration date of the Life Care Centers Certificate of 
Need Law. (Ch. 1046) 

H. B. 1261, an act to provide workers' compensation for farm workers on farms with 
ten or more workers. (Ch. 1042) 

H. B. 1365 (Committee Substitute), an act to amend the powers and duties of the 
Utilities Commission. (Ch. 1043) 

H. B. 1544 (Senate Committee Substitute), an act to grant an eight percent increase in 
the retirement allowances of beneficiaries in the North Carolina Local Governmental 
Employees' Retirement System payable beginning July 1, 1984. (Ch. 1044) 

On motion of Senator Lawing, seconded by Senator White, the Senate adjourns to meet 
Monday at 8:00 P.M. 



June 29, 1984 



1984] r SENATE JOURNAL 143 

! ONE HUNDRED FIFTY-FIFTH DAY 

Senate Chamber, 
Monday, July 2, 1984. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Green, Lieutenant Governor. 

Prayer is offered by the Reverend Claude Godwin, Senate Chaplain, as follows: 

"Heavenly Father, as we begin what we hope is our last week in this room for this 
Session, we pause to give You thanks for all that You have done for the women and men of 
this Senate which has helped them to be effective proponents of the pubhc good. For that 
which has been accomphshed which is helpful to the people of this State, we give thanks to 
Your Spirit. For that which we have done here that has been contrary to Your will, we ask 
Your forgiveness. We recognize the human frailty that affects us all — legislators, 
administrators, and ministers — and pray that You will, by Your Spirit, help us to 
overcome what is weak, self-centered and arrogant in us so that we may serve You and 
each other in all that we say and do. Amen." 

Senator Lawing for the Rules and Operation of the Senate Committee announces that 
the Journal of Friday has been examined and is found to be correct. On his motion, the 
Senate dispenses with the reading of the Journal and it stands approved as written. 

A leave of absence granted previously to Senator Childers is noted. 

The President recognizes the following pages serving in the Senate this week: Tommy 
Brannon, Cary; Tim Brooks, Raleigh; Tammy Bunn, Pilot; Shannon Dement, Raleigh; 
Joel Derrick, Wake Forest; Paige Fink, Raleigh; Kristy Hampton, Kinston; Derek 
Holland, Raleigh; Chrystal Jones, Raleigh; Christie Philhps, Mt. Airy; Wilham Pittman, 
Raleigh; Doug Reiger, Cary; Joe Reiger, Cary; Ashlyn Sowell, Raleigh; Stuart Smith, 
Wake Forest; Robert Stout, Mooresville; Pedro Thomas, Hendersonville; Tony Thomp- 
son, Raleigh; and Sherry Watt, Raleigh. 

The Chair declares the voting equipment inoperative for a portion of today's Session. 

ENROLLED BILLS 

The Enrolhng Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

S. B. 514 (Committee Substitute), an act to establish a child support processing fee. 
(Ch. 1047) 

S. J. R. 730, a joint resolution urging that women and racial minority citizens be 
appointed to State boards, commissions, and councils in numbers proportionate to their 
population in the State. (Res. 99) 

S. B. 783, an act to clarify the definition of an ambulatory surgical facility. (Ch. 1064) 

S. J. R. 787, a joint resolution memoriahzing congress to allow the tobacco excise tax to 
drop to eight cents per pack as currently scheduled. (Res. 97) 



July 2, 1984 



144 SENATE JOURNAL [Second Session 

S. B. 831, an act to add various acts which may constitute grounds for disciphne of 
chiropractors. (Ch. 1067) 

S. B. 862, an act to permit non-Indians to become tenants of housing provided by the 
State Indian Housing Authority. (Ch. 1068) 

S. B. 880, an act to amend G. S. 20-309 pertaining to reregistration of a vehicle after 
revocation of the license plate for failure to maintain financial responsibility. (Ch. 1069) 

S. J. R. 886, a joint resolution proclaiming the month of August, 1984, as Adult 
Literacy Awareness Month. (Res. 100) 

S. J. R. 893, a joint resolution authorizing the 1983 General Assembly, 1984 Session, to 
consider a joint resolution designating Oak Ridge Military Academy as the Military 
Academy of the State of North Carolina and empowering the Governor to sign its 
diplomas. (Res. 101) 

H. B. 1165, an act to empower Catawba Memorial Hospital and Alexander County 
Hospital to use attachment and garnishment procedures for collecting unpaid bills. 
(Ch. 1051) 

H. B. 1369 (Senate Committee Substitute), an act relating to the three school systems 
in Iredell County. (Ch. 1048) 

H. B. 1482, an act to change the method of determining the sales price of a motor vehicle 
in a casual sale and eliminate the requirement that the sales price of a motor vehicle in a 
casual sale be based on the book value of the vehicle. (Ch. 1065) 

H. B. 1491, an act to appoint persons to various public offices upon the recommendation 
of the Speaker of the House of Representatives. (Ch. 1070) 

H. B. 1511, an act to amend Chapter 320 of the 1981 Session Laws concerning street 
improvements and assessments in Dare County. (Ch. 1052) 

H. B. 1518, an act to extend the sunset provisions in G. S. 147-16.2 to all boards and 
councils created by executive officials. (Ch. 1053) . ■ , 

H. B. 1557, an act to amend the Charlotte Firemen's System. (Ch. 1054) 

H. B. 1572, an act authorizing Cherokee County to levy a room occupancy and tourism 
development tax. (Ch. 1055) 

H. B. 1587, an act to provide for the maintenance of health education faciUties. 
(Ch. 1056) 

H. B. 1597, an act to authorize the Town of Ocean Isle Beach to levy special assessments 
to meet a portion of the cost of constructing sewage collection and treatment facilities 
prior to construction completion of such system. (Ch. 1057) 

H. B. 1630, an act to amend the conflict of interest law relating to hospitals. (Ch. 1058) 

H. B. 1657, an act to direct the Wildlife Resources Commission to study the role of 
alcohol and drugs in recreation? 1 boating and the need for implementing recommendations 
of the National Transportation Safety Board. (Ch. 1059) 



July 2, 1984 



1984] SENATE JOURNAL 145 

H. B. 1682, an act clarifying the scope of the property tax exemption for special nuclear 
materials. (Ch. 1060) 

H. B. 1709, an act to protect the public interest in the sale or lease of pubhc hospital 
facilities. (Ch. 1066) 

H. B. 1736 (Committee Substitute), an act to modify the coverage under the group life 
insurance plans for members of the Teachers' and State Employees', Local Governmental 
Employees' and Law Enforcement Officers' Retirement System so as to cause insurance 
proceeds to be payable on account of the death of any member within six months after 
leaving pay status for any reason, at no cost to the retirement systems or State. (Ch. 1049) 

H. B. 1771, an act to authorize the construction and the financing, without appropria- 
tions from the General Fund, of certain capital improvements projects by constituent 
institutions of the University of North Carolina. (Ch. 1061) 

H. B. 1772, an act relating to bond issuance and assessments. (Ch. 1062) 

H. J. R. 1775, a joint resolution declaring legislative approval of the plan of operation for 
the North Carolina Federal Property Agency as promulgated in accordance with Public 
Law 94-519. (Res. 98) 

H. B. 1777, an act to increase various medical license and registration fees collected by 
the Board of Medical Examiners of the State of North Carolina. (Ch. 1063) 

H. B. 1779, an act to codify certain crimes and defenses. (Ch. 1050) 

SPECIAL MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

The following special messages are received from the House of Representatives: 

S. B. 436 (Committee Substitute No. 2), a bill to provide for the licensing of persons 
practicing occupational therapy, for concurrence in House Amendment No. 1. 

On motion of Senator Hancock, the rules are suspended (electronically recorded), and 
the Committee Substitute bill is placed before the Senate for immediate consideration. 

On motion of Senator Hancock, the Senate concurs (electronically recorded) in House 
Amendment No. 1 and the Committee Substitute bill is ordered enrolled. 

S. B. 478, a bill to refund the amount of accumulated contributions in excess of the 
contributions required of other members of the Local Governmental Employees' Retire- 
ment System made by firemen not covered under the Social Security Act who were 
members of the Local Governmental Employees' Retirement System, for concurrence in 
House Amendment No. 1 which is placed on the Calendar for tomorrow, July 3. 

S. B. 555, a bill estabUshing regulation of and the licensing of the practice of geology and 
to establish the qualifications, training and experience for persons seeking to represent 
themselves to the public as geologists; creating a State board for Ucensing of geologists; 
defining the functions and duties of that board; and providing for penalties, for con- 
currence in House Amendments Nos. 1, 2, and 3. 

On motion of Senator Duncan, the rules are suspended (electronically recorded), and 
the bill is placed before the Senate for immediate consideration. 

On motion of Senator Duncan, the Senate concurs in House Amendments Nos. 1, 2, and 
3 and the bill is ordered enrolled. 



July 2, 1984 



146 SENATE JOURNAL [Second Session 

H. B. 1787, a bill to require legislative approval of additional paid holidays designated 
by the State Personnel Commission. 

On motion of Senator Harris of Cleveland, the rules are suspended, and the bill is placed 
before the Senate for immediate consideration. 

The bill fails to pass its second reading. 

H. B. 1788, a bill regarding federal assistance in the purchase of navigational aids for 
North Carolina airports. 
Referred to Special Ways and Means Committee. 

H. B. 1793, a bill to authorize the Department of Transportation to pay for nonbetter- 
ment costs of certain water line relocations in the highway right-of-way. 
Referred to Rules and Operation of the Senate Committee. 

H. B. 1794, a bill to provide counties more time to publish a notice about certain mineral 
rights. 

Referred to Special Ways and Means Committee. 

H. B. 1795, a bill to reenact former statutory authority for pubhc sewerage systems to 
exercise the power of eminent domain. 

Referred to Special Ways and Means Committee. 

H. B. 1796, a bill to put North Carolina in compliance with a federal court decision 
concerning straight ticket voting. 

Referred to Special Ways and Means Committee. ,i v 

H. B. 1797, a bill to establish the North Carolina Advisory Council on the Eastern Band 
of the Cherokee. 
Referred to Special Ways and Means Committee. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 

H. B. 1652, a bill to allow nonprofit public radio stations a refund of sales and use taxes. 
Referred to Finance Committee. 

H. B. 1707, a bill to permit employees of the North Carolina Association of Educators, 
the North Carolina School Board Association, the North Carolina State Government 
Employees Association, or the North Carolina State Employees Association the option of 
terminating membership in the Teachers' and State Employees' Retirement System. 

Referred to Pensions and Retirement Committee. 

H. B. 1778 (Committee Substitute), a bill to amend the statute pertaining to seizure and 
confiscation of fish. 

Referred to Special Ways and Means Committee. , 

H. B. 1791, a bill to allow the State Board of Elections to reschedule the House primary 
and election in District 8 as redistricted. 

Referred to Special Ways and Means Committee. vr • 



July 2, 1984 



1984] i SENATE JOURNAL 147 

CONFERENCE REPORT 

H. B. 110 (Senate Committee Substitute No. 3) 

Senator Jenkins for the Conferees appointed to consider the differences arising be- 
tween the Senate and House of Representatives upon H. B. 110 (Senate Committee 
Substitute No. 3), an act to authorize the Legislative Committee on Occupational and 
Professional Licensure to assess proposals for the establishment or revision of licensing 
laws and programs according to criteria and procedures specified herein, submits the 
following Conference Report: 

To the President of the Senate and the 
Speaker of the House of Representatives: 

We, your conferees, appointed to resolve the differences arising between the Senate 
and the House of Representatives on AN ACT TO AUTHORIZE THE LEGISLATIVE 
COMMITTEE ON OCCUPATIONAL AND PROFESSIONAL LICENSURE TO 
ASSESS PROPOSALS FOR THE ESTABLISHMENT OR REVISION OF LICENS- 
ING LAWS AND PROGRAMS ACCORDING TO CRITERIA AND PROCEDURES 
SPECIFIED HEREIN, wish to report as follows: 

The House concurs in Senate Committee Substitute #3 with the following amendment: 

Delete all of Senate Committee Substitute #3, and insert in lieu thereof the attached 
proposed conference committee substitute PCCS11183 and the Senate concurs in the 
same. 

To this end, the conferees recommend that the Senate and House of Representatives 
adopt the foregoing report. 

This the 29th day of June 1984. 

S/ Cecil R. Jenkins S/ H. Martin Lancaster 

S/ Jim Edwards S/ Luther R. Jeralds 

S/ Robert S. Swain S/ Sam Beam 

Conferees on the part Conferees on the part of the 

of the Senate House of Representatives 

The text attached to the Conference Report on H. B. 110 is as follows: 

AN ACT TO AUTHORIZE THE LEGISLATIVE COMMITTEE ON NEW OCCUPA- 
TIONAL AND PROFESSIONAL LICENSING BOARDS TO ASSESS PRO- 
POSALS TO LICENSE NEW OCCUPATIONS AND PROFESSIONS ACCORD- 
ING TO CRITERIA AND PROCEDURES SPECIFIED HEREIN. 

The General Assembly of North Carolina enacts: 

Section 1. Chapter 120 of the General Statutes is amended by adding a new Article to 
read: 

"ARTICLE 17. 

"Review of Proposals to License * 
New Occupations and Professions. 

"§ 120-124. Findings and purpose. — The General Assembly finds that the number of 



July 2, 1984 



148 SENATE JOURNAL [Second Session 

licensed occupations and professions has substantially increased and that licensing boards 
have occasionally been estabUshed without a determination that the poUce power of the 
State is reasonably exercised by the establishment of such licensing boards. The General 
Assembly further finds that by estabUshing criteria and procedures for reviewing pro- 
posed occupational and professional boards, it will be better able to evaluate the need for 
new licensing boards. To this end it is the purpose of this Article to assure that no new 
licensing board shall be estabhshed unless the following criteria are met: 

(1) The unregulated practice of the profession or occupation can substantially harm or 
endanger the public health, safety or welfare, and the potential for such harm is recogniz- 
able and not remote or dependent upon tenuous argument; 

(2) The profession or occupation possesses qualities that distinguish it from ordinary 
labor; 

(3) Practice of the profession or occupation requires specialized skill or training; 

(4) A substantial majority of the pubHc does not have the knowledge or experience to 
evaluate whether the practitioner is competent; and ; ,.., 

(5) The public is not effectively protected by other means. 
"§ 120-125, Definitions. — As used in this Chapter: 

(1) 'Assessment report' means a report that initially describes the need for and the fiscal 
impact of a new licensing board. 

(2) 'Committee' means the Legislative Committee on New Occupational and Pro- 
fessional Licensing Boards. 

(3) 'Licensing' means a regulatory system that requires persons to meet certain quali- 
fications before they are eligible to engage in a particular occupation or profession. 

(4) 'Supplementary report' means a report that assesses the changes proposed by an 
amendment or committee substitute which would alter a legislative proposal to create a 
new occupational licensing board and for which an assessment report has already been 
prepared. 

"§ 120-126. Assessment of proposed occupational and professional licensing 
boards. — (a) Every legislative proposal introduced in the General Assembly after the 
effective date of this act proposing (1) the estabUshment of an occupational or professional 
licensing board, or (2) a study of the need to establish an occupational or professional 
licensing board shall have attached to it, at the time of its consideration by any committee 
of either house of the General Assembly, an assessment report which shall describe the 
need for the proposed occupational or professional licensing board. Assessment reports 
shall be attached to the original of each legislative proposal to establish a new licensing 
board which is reported favorably by any committee of either house of the General 
Assembly, but shall be separate therefrom, shall be clearly designated as assessment 
reports, and shall not constitute any part of the expression of legislative intent proposed 
by the formation of a licensing board. 

(b) If the proposal to establish an occupational or professional licensing board is first 
contained in a legislative proposal, the sponsor shall present a copy of the legislative 
proposal to the Legislative Committee on New Occupational and Professional Licensing 



July 2, 1984 



1984] SENATE JOURNAL 149 

Boards which shall prepare an assessment report. If the proposal is not in the form of a 
legislative proposal, the person or organization seeking to establish an occupational or 
professional licensing board may obtain an assessment report from the Committee only if 
a legislator requests such report. 

(c) Assessment reports shall be prepared and returned to the requesting legislator as 
soon as possible and not later than 60 days after the Committee receives the request, 
provided that if the volume of requests makes preparation of all such reports impossible 
within that time, the Committee may extend the time for preparation of any report to a 
maximum of 90 days from the time the request is received. Supplementary reports shall 
be prepared and returned to the appropriate committee chairman or sponsor or request- 
ing legislator not later than 30 days after the Committee receives the request. The 
Committee shall not consider any request until it has received the information required by 
G. S. 120-127(a). 

(d) The Committee shall make all reports, including supplementary reports, available to 
all members of the General Assembly. At least one copy of all prehminary and final reports 
shall be kept in the Legislative Library for public inspection. 

(e) All assessment reports shall contain an evaluation of the proposed licensing board in 
terms of clarity, conciseness, conformity with existing statutes and general principles of 
administrative law, and specificity of the delegation of authority to promulgate rules and 
set fees. 

"§ 120-127. Procedure and criteria to be used in preparation of assessment re- 
ports. — (a) The Legislative Committee on New Occupational and Professional Licensing 
Boards shall conduct an evaluation of the need for each new licensing board. 

If a legislator or other person or organization is seeking to establish a new occupational 
or professional licensing board, that legislator or other person or organization shall have 
the burden of demonstrating to the Committee that the criteria hsted in G. S. 120-124 are 
met, and shall furnish the Committee additional information to show: 

(1) That the unregulated practice of the occupation or profession may be hazardous to 
the pubUc health, safety, or welfare; 

(2) The approximate number of people who would be regulated and the number of 
persons who are Ukely to utilize the services of the occupation or profession; 

(3) That the occupational or professional group has an established code of ethics, a 
voluntary certification program, or other measures to ensure a minimum quality 
of service; 

(4) That other states have regulatory provisions similar to the one proposed; 

(5) How the public will benefit from regulation of the occupation or profession; 

(6) How the occupation or profession will be regulated, including the qualifications 
and disciplinary procedures to be applied to practitioners; 

(7) The purpose of the proposed regulation and whether there has been any public 
support for licensure of the profession or occupation; 

(8) That no other licensing board regulates similar or parallel functions; 



July 2, 1984 



150 SENATE JOURNAL [Second Session 

(9) That the educational requirements for licensure, if any, are fully justified; and 

(10) Any other information the Committee considers relevant to the proposed reg- 
ulatory plan. 

The Committee shall adopt an appropriate form for use by applicants. The form shall 
contain a list of questions to be completed by the person or organization requesting the 
assessment report and a copy of this Article. 

(b) In preparing an assessment report with respect to a legislative proposal to establish 
a new occupational or professional licensing board the Committee shall consider, but shall 
not be limited to considering, the factors listed in subsection (a). The report shall analyze 
the effects of the new licensing board and shall include the Committee's recommendation 
on whether the General Assembly should approve the new Hcensing board. The Com- 
mittee shall make specific findings in its report on each of the following: 

(1) Whether the unregulated practice of the profession or occupation can sub- 
stantially harm or endanger the public health, safety or welfare, and whether the 
potential for such harm is recognizable and not remote or dependent upon tenuous 
argument; 

(2) Whether the profession or occupation possesses quahties that distinguish it from 
ordinary labor; 

(3) Whether practice of the profession or occupation requires specialized skill or 
training; 

(4) Whether a substantial majority of the public has the knowledge or experience to 
evaluate the practitioner's competence; and 



(5) Whether the public can be effectively protected by other means. 

(c) The Committee shall furnish a preliminary copy of the final assessment report to the 
requesting legislator at least 10 days before the final report is released. The requesting 
legislator shall have an opportunity to respond to the Committee draft. The Committee 
shall consider all such responses in the preparation of its final report. 

(d) If the Committee recommends against licensure, it may suggest alternative mea- 
sures for regulation of the occupation or profession, 

"§ 120-128. Hearings by Legislative Committee on New Occupational and Pro- 
fessional Licensing Boards; final action by Committee. — (a) Before submitting an 
assessment report the Committee may, in its discretion, hold one or more public hearings 
in the Legislative Building. 

(b) When assessment reports involving the same or similar occupations or professions 
are pending before the Committee, the Committee may consider jointly any or all of the 
matters to be addressed by the reports. 

"§ 120-129. Legislative Committee on New Occupational and Professional Licens- 
ing Boards. — (a) The Legislative Committee on New Occupational and Professional 
Licensing Boards is created to consist of a Chairman and eight members, four Senators 
appointed by the President of the Senate, four members of the House of Representatives 
appointed by the Speaker of the House and the Chairman to be appointed as provided 



July 2, 1984 



1984] SENATE JOURNAL 151 

herein. The President of the Senate shall appoint a Senator to be Chairman of the 
Committee who shall serve until the convening of the General Assembly in 1985. 

(b) The Speaker of the House shall appoint a member of the House of Representatives as 
Chairman upon the convening of the General Assembly in 1985 who shall serve until the 
organization of the General Assembly in 1987. Thereafter the President of the Senate and 
the Speaker of the House shall alternate the appointment of the Chairman to serve during 
each biennial session of the General Assembly. The Chairman may vote only in the event 
of a tie vote. The members of the Committee shall hkewise serve biennial terms. If the 
Office of Chairman or any member shall become vacant, the vacancy shall be filled for the 
unexpired term by the authority making the initial appointment. Five members shall 
constitute a quorum of the Committee. 

(c) The Chairman and members of the Committee, while serving on the business of the 
Committee, are performing legislative duties and are entitled to the subsistence and 
travel allowances to which members of the General Assembly are entitled when perform- 
ing legislative duties if and when authorized by the Legislative Services Commission, and 
may meet with such approval whenever there is a request for an assessment report. The 
Committee is authorized to use the facilities of the State Legislative Building and 
Legislative Office Building. Clerical and professional staff shall be provided by the 
Legislative Services Commission." 

Sec. 2. This act shall become effective August 1, 1984, and shall expire January 1, 1987. 

Without objection, the Chair orders the Conference Report placed on the Calendar for 
tomorrow, July 3, for adoption. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

H. B. 1513 (Committee Substitute), a bill to change the State tax structure for 
commodities and services provided by certain utilities to enable individuals to deduct the 
taxes on these commodities and services from their federal income, as amended, upon 
third reading. 

The Committee Substitute bill passes its third reading by roll-call vote, ayes 46, noes 2, 
as follows: 

Voting in the affirmative: Senators Alford, Allred, Ballenger, Barnes of Wayne, Barnes 
of Forsyth, Daniels, Davis, Duncan, Edwards of Guilford, Edwards of Caldwell, Gray, 
Guy, Hancock, Hardison, Harrington, Harris of Mecklenburg, Harris of Cleveland, Hunt, 
Jenkins, Johnson, Jordan, Kincaid, Lawing, Marion, Martin, Marvin, Parnell, Plyler, 
Rand, Redman, Royall, Soles, Speed, Staton, Swain, Tally, Taylor, Thomas of Craven, 
Tison, Walker, Ward, Warren, White, Winner, Woodard, and Wright — 46. 

Voting in the negative: Senators Hipps and Thomas of Henderson — 2. 

The Committee Substitute bill, as amended, is ordered sent to the House of Repre- 
sentatives for concurrence in Senate Amendment No. 1, without objection, by special 
messenger. 

H. B. 1754, a bill to regulate raffles, as amended, upon third reading. 
The bill, as amended, passes its third reading (electronically recorded). 
Senator Staton moves that the vote by which the bill, as amended, passed its third 
reading be reconsidered, which motion prevails. 



July 2, 1984 



152 SENATE JOURNAL [Second Session 

On motion of Senator Staton, the bill, as amended, is recommitted to the Rules and 
Operation of the Senate Committee. 

S. J. R. 892, a joint resolution designating Oak Ridge Military Academy as the Military 
Academy of the State of North Carolina and empowering the Governor to sign its 
diplomas. 

On motion of Senator Edwards of Guilford, consideration of the joint resolution is 
postponed until tomorrow, July 3. 

H. B. 1654, a bill to direct the Departments of Labor, Crime Control and PubUc Safety, 
Natural Resources and Community Development, and Human Resources to study 
aspects of the hazardous substances right-to-know issue. 

On motion of Senator Swain, the bill is re-referred to the Appropriations Committee. 

H. B. 1789, a bill regarding limitations on State financial aid to airports. 
The bill passes its second reading (electronically recorded). 

On motion of Senator Swain, the bill is recommitted (electronically recorded) to the 
Special Ways and Means Committee. 

S. B. 430 (House Committee Substitute), a bill creating a program of early parole for 
nondangerous prisoners who consent to complete service of their terms through communi- 
ty service, for concurrence in the House Committee Substitute bill with Amendment 
No. 1 not engrossed, upon third reading. 

Senator Swain moves that the Senate do not concur in the House Committee Substitute 
bill and further moves that President appoint conferees, which motions prevail. 

The President appoints Senators Swain, Hardison, Royall, Ward, and Davis as con- 
ferees on the part of the Senate and a message is ordered sent to the House of Representa- 
tives informing that Honorable Body is such action. 

(The President declares the voting equipment inoperative for the remainder of the 1983 
Session.) 

SPECIAL MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

The following special messages are received from the House of Representatives: 

H. B. 1283 House of Representatives 

(Committee Substitute) June 29, 1984 

Mr. President: 

It is ordered that a message be sent your Honorable Body with the information that the 
House fails to concur in the Senate Amendment to Committee Substitute to H. B. 1283, A 
BILL TO BE ENTITLED AN ACT TO LIMIT CITIES IN THEIR REQUIREMENTS 
FOR DEDICATION OF WATER SYSTEMS AS PART OF SUBDIVISION REGULA- 
TIONS APPLICABLE TO AREAS OUTSIDE OF THE CITY LIMITS, and requests 
conferees. The Speaker has appointed Representatives Lancaster, Chairman; Wright, 
and Pulley on the part of the House to confer with a Uke committee appointed by the 
Senate to the end that the differences arising may be adjusted. 

Respectfully, 

. S/ Grace Collins 

Principal Clerk 



July 2, 1984 



1984] SENATE JOURNAL 153 

Senator Swain moves that the President appoint conferees which motion prevails. The 
President appoints Senators Swain, Chairman; Jenkins, and Edwards of Caldwell as 
conferees on the part of the Senate, and a message is ordered sent to the House of 
Representatives informing that Honorable Body of such action. 

H. B. 1332 House of Representatives 

(Senate Committee Substitute) June 29, 1984 

Mr. President: 

It is ordered that a message be sent your Honorable Body with the information that the 
House fails to concur in the Senate Committee Substitute to C. S. H. B. No. 1332, A BILL 
TO BE ENTITLED AN ACT TO REQUIRE THAT A PERSON ORDERED TO 
ATTEND D.W.I. SCHOOL SHALL ATTEND THE SCHOOL IN THE COUNTY OF 
RESIDENCE UNLESS EXTENUATING CIRCUMSTANCES EXIST AND TO EX- 
EMPT DISTRICT ATTORNEYS FROM THE OBLIGATION TO PAY BAR DUES, 
and requests conferees. The Speaker has appointed Representatives Lancaster, 
Chairman; Tyndall, Pulley, Hunter, and Blue on the part of the House to confer with a Uke 
committee appointed by the Senate to the end that the differences arising may be 
adjusted. 

Respectfully, 

S/ Grace Collins 

Principal Clerk 

Senator Jenkins moves that the President appoint conferees, which motion prevails. 
The President appoints Senators Jenkins, Swain, Duncan, Soles and Hipps as conferees 
on the part of the Senate and a message is ordered sent to the House of Representatives 
informing that Honorable Body of such action. 

H. B, 1413 House of Representatives 

(Committee Substitute) July 2, 1984 

Mr. President: 

It is ordered that a message be sent your Honorable Body with the information that the 
House fails to concur in the Senate amendment to Committee Substitute for H. B. No. 
1413, A BILL TO BE ENTITLED AN ACT TO PROHIBIT STATE EMPLOYEES 
FROM RECEIVING STATE RETIREMENT BENEFITS WHILE EMPLOYED, and 
requests conferees. The Speaker has appointed Representatives Mavretic, Chairman; 
Bob Etheridge, Hunter, Barbee, and Nesbitt on the part of the House to confer with a like 
committee appointed by the Senate to the end that the differences arising may be 
adjusted. 

Respectfully, 

S/ Grace Collins 
Principal Clerk 

Senator Lawing moves that the President appoint conferees, which motion prevails. 
The President appoints Senators Lawing, Chairman; Plyler, Rand, Harris of Cleveland, 
and Alford as conferees on the part of the Senate and a message is ordered sent to the 
House of Representatives informing that Honorable Body of such action. 



July 2, 1984 



154 SENATE JOURNAL [Second Session 

H. B. 110 House of Representatives 

(Senate Committee Substitute #3) June 29, 1984 

Mr. President: 

It is ordered that a message be sent your Honorable Body with the information that the 
House has adopted the report of the Conferees on Senate Committee Substitute #3 for 
H. B. No. 110, A BILL TO BE ENTITLED AN ACT TO AUTHORIZE THE LEG- 
ISLATIVE COMMITTEE ON OCCUPATIONAL AND PROFESSIONAL LICEN- 
SURE TO ASSESS PROPOSALS FOR THE ESTABLISHMENT OR REVISION OF 
LICENSING LAWS AND PROGRAMS ACCORDING TO CRITERIA AND PRO- 
CEDURES SPECIFIED HEREIN, to the end that when a similar action has been taken 
on the part of the Senate, we will order the bill enrolled. 

Respectfully c hV ., 

^ '^'' ■*'.-' '"^ '■•''; ■ ■' ■ -,i''"ri,y,, : , ''vv' ■•;: S/ Grace CoLLiNS ' ■ '"' ■' "'' ' 

:.•.■'■"-. •;:■:. ":/;■ . ,.:?r ■ .,■: Principal Clerk 

S. B. 21, a bill to allow an income tax deduction for amounts paid to maintain certain 
parents aged 65 or over, for concurrence in the House Amendment. 

On motion of Senator Gray, the rules are suspended, and the bill is placed before the 
Senate for immediate consideration. 

On motion of Senator Gray, the Senate concurs in the House amendment and the bill is 
ordered enrolled. 

S. B. 745, a bill to clarify the confidentiality requirements in the declaration of domicil- 
iary home residents' rights, for concurrence in House Amendment No. 1. 

On motion of Senator Gray, the rules are suspended, and the bill is placed before the 
Senate for immediate consideration. 

On motion of Senator Gray, the Senate concurs in House Amendment No. 1 and the bill 
is ordered enrolled. 



CONFERENCE REPORT 



Committee Substitute 
H. B. 1283 



Senator Swain for the Conferees appointed to consider the differences arising between 
the Senate and House of Representatives upon Committee Substitute for H, B. 1283, a bill 
to be entitled an act to limit cities in their requirements for dedication of water systems as 
part of subdivision regulations applicable to areas outside of the city hmits, submits the 
following Conference Report: , 

To the President of the Senate and the 
Speaker of the House of Representatives: 

We, your conferees, appointed to resolve the differences arising between the Senate 
and the House of Representatives on Committee Substitute for H. B. 1283, A BILL TO 
BE ENTITLED AN ACT TO LIMIT CITIES IN THEIR REQUIRMENTS FOR 
DEDICATION OF WATER SYSTEMS AS PART OF SUBDIVISION REGULA- 
TIONS APPLICABLE TO AREAS OUTSIDE OF THE CITY LIMITS, wish to report 
as follows: 



July 2, 1984 



1984] ■ SENATE JOURNAL 155 

The House concurs in Senate Amendment #1 further amend the bill on page 1, line 16, 
by deleting "1983" and inserting in lieu thereof "1984" and the Senate and House agree to 
the same. 

To this end, the conferees recommend that the Senate and House of Representatives 
adopt the foregoing report. 

This the day of 1984. 

S/ Robert S. Swain S/ H. Martin Lancaster 

S/ Cecil R. Jenkins S/ Richard Wright 

S/ Jim Edwards S/ W. Paul Pulley, Jr. 

Conferees on the part Conferees on the part of the 

of the Senate House of Representatives 

On motion of Senator Swain, the Conference Report is adopted and a message is 
ordered sent to the House of Representatives informing that Honorable Body of such 
action. 

On motion of Senator Lawing, seconded by Senator Tison, the Senate adjourns to meet 
tomorrow at 1:00 P.M. 



ONE HUNDRED FIFTY-SIXTH DAY 

Senate Chamber, 
Tuesday, July 3, 1984. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Green, Lieutenant Governor. 

Prayer is offered by the Reverend Claude Godwin, Senate Chaplain, as follows: 

"Almighty God, on this day we are preparing to celebrate our Nation's birth — an 
anniversary of freedom, of hope, of opportunity for all people. Help us to remember that 
the precious victories won by our forebears were not achieved easily, nor can they be 
preserved without our dedication and vigilance. We give You thanks for freedom, and ask 
that You will constantly remind us that freedom is not a privilege intended for the few, but 
a right which belongs to the many. We praise You that we live in a Nation dedicated to 
justice, and pray that You will encourage us to seek justice for every human being on the 
face of this. Your earth. We give You thanks for abundance, for all the good things which 
we enjoy and pray that You will help us to find ways to share that abundance with our 
brothers and sisters so that all may enjoy this good life. In the midst of our celebration, 
help us to remember Your children who are not as fortunate as we to live in nations where 
justice, freedom and abundance are so in evidence. Help us to rededicate ourselves to the 
struggle of all people to be free, so we may all glorify Your name and enjoy Your world. 
Amen." 

Senator Lawing for the Rules and Operation of the Senate Committee announces that 
the Journal of yesterday has been examined and is found to be correct. On his motion, the 
Senate dispenses with the reading of the Journal and it stands approved as written. 



July 3, 1984 



156 SENATE JOURNAL [Second Session 

A leave of absence granted previously to Senator Childers is noted. 
The President declares the voting equipment inoperative. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

S. B. 21, an act to allow an income tax deduction for amounts paid to maintain certain 
parents aged 65 or over. (Ch. 1072) 

S. B. 436 (Committee Substitute No. 2), an act to provide for the Ucensing of persons 
practicing occupational therapy. (Ch. 1073) ^ 

S. B. 555, an act estabUshing regulation of and the licensing of the practice of geology 
and to establish the qualifications, training and experience for persons seeking to 
represent themselves to the pubhc as geologists; creating a State board for licensing of 
geologists; defining the functions and duties of that board; and providing for penalties. 
(Ch. 1074) 

S. B. 731, an act to provide an additional tax exemption for parents of individuals with 
cystic fibrosis. (Ch. 1075) 

S. B. 745, an act to clarify the confidentiaUty requirements in the declaration of 
domiciliary home residents' rights. (Ch. 1076) 

S. B. 763, an act to permit a district board of health to be composed of at least fifteen but 
no more than eighteen members. (Ch. 1077) 

S. B. 877, an act authorizing counties to establish cemetery service districts. 
(Ch. 1078) 

S. B. 895, an act to authorize the County of Cumberland to sell industrial sites in its 
industrial park without utilizing the formal bid requirements of Article 12 of Chapter 160A 
of the North Carolina General Statutes. (Ch. 1079) 

H. B. 9 (Senate Committee Substitute), an act to update the sales tax exemption for 
medical equipment. (Ch. 1071) 

WITHDRAWAL FROM COMMITTEE 

H. B. 1451, a bill to conform Subchapter 1 of Chapter 76A of the General Statutes 
affecting the Cape Fear River Navigation and Pilotage Commission with the provisions of 
Subchapter 2 of Chapter 76A affecting the Morehead City Navigation and Pilotage 
Commission. 

On motion of Senator Swain the rules are suspended and the bill is taken from the 
Special Ways and Means Committee and is placed on the Calendar for today. 

H. B. 1754, a bill to regulate raffles, as amended. 

On motion of Senator Staton the rules are suspended and the bill, as amended, is taken 
from the Rules and Operation of the Senate Committee and is placed on the Calendar for 
today, upon third reading. 



July 3, 1984 



1984] SENATE JOURNAL 157 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 
(Senator Lawing presides over a portion of today's Session.) 

S. B. 478, a bill to refund the amount of accumulated contributions in excess of the 
contributions required of other members of the Local Governmental Employees' 
Retirement System made by firemen not covered under the Social Security Act who were 
members of the Local Governmental Employees' Retirement System, for concurrence in 
House Amendment No. L 

On motion of Senator Duncan, the Senate concurs in House Amendment No. 1 and the 
bill is ordered enrolled. 

S. J. R. 892, a joint resolution designating Oak Ridge MiUtary Academy as the Military 
Academy of the State of North Carolina and empowering the Governor to sign its 
diplomas. 

Senator Edwards of Guilford offers Amendment No. 1 which is adopted, changing the 
title to read, S. J. R. 892, a joint resolution designating Oak Ridge Military Academy as 
the military academy of the State of North Carolina empowering the Governor to sign its 
diplomas, and honoring its founder, Jesse Benbow. 

The joint resolution, as amended, passes its second and third readings and is ordered 
engrossed and sent to the House of Representatives. 

H. B. 110 (Senate Committee Substitute No. 3), a bill to authorize the Legislative 
Committee on Occupational and Professional Licensure to assess proposals for the es- 
tablishment or revision of licensing laws and programs according to criteria and pro- 
cedures specified herein. Conference Report, for adoption. 

On motion of Senator Jenkins, the Conference Report submitted to the Senate yester- 
day, July 2, is adopted and a message is ordered sent to the House of Representatives 
informing that Honorable Body of such action. 

H. B. 1451, a bill to conform Subchapter 1 of Chapter 76A of the General Statutes 
affecting the Cape Fear River Navigation and Pilotage Commission with the provisions of 
Subchapter 2 of Chapter 76A affecting the Morehead City Navigation and Pilotage 
Commission. 

The bill passes its second and third readings and is ordered enrolled. 

H. B. 1754, a bill to regulate raffles, as amended, upon third reading. 
Senator Staton offers Amendment No. 3 which is adopted. 

On motion of Senator Staton, the bill, as amended, is recommitted to the Rules and 
Operation of the Senate Committee. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing and select committees, read by their 
titles, together with the reports accompanying them, and take their place on the Calen- 
dar, as follows: 

By Senator Swain for the Special Ways and Means Committee: 

H. B. 1658, a bill to repeal statutes relating to the North Carolina Water Safety 
Committee and Water Safety Council, with a favorable report. 



July 3, 1984 



158 SENATE JOURNAL [Second Session 

On motion of Senator Swain, the rules are suspended and the bill is placed before the 
Senate for immediate consideration. 
The bill passes its second and third readings and is ordered enrolled. 

H. B. 1778 (Committee Substitute), a bill to amend the statute pertaining to seizure and 
confiscation of fish, with a favorable report. 

On motion of Senator Swain, the rules are suspended and the bill is placed before the 
Senate for immediate consideration. 

The Committee Substitute bill passes its second and third readings and is ordered 
enrolled. 

H. B. 1795, a bill to reenact former statutory authority for pubhc sewerage systems to 
exercise the power of eminent domain, with a favorable report. 

On motion of Senator Swain, the rules are suspended and the bill is placed before the 
Senate for immediate consideration. 

The bill passes its second and third readings and is ordered enrolled. 

H. B. 1797, a bill to establish the North CaroUna Advisory Council on the Eastern Band 
of the Cherokee, with a favorable report. 

On motion of Senator Swain, the rules are suspended and the bill is placed before the 
Senate for immediate consideration. 

The bill passes its second and third readings and is ordered enrolled. 

Senator Parnell requests to be recorded voting "no." 

H. B. 1796, a bill to put North CaroHna in compliance with a federal court decision 
concerning straight ticket voting, with an unfavorable report as to bill, but favorable as to 
Senate Committee Substitute bill. 

On motion of Senator Swain, the rules are suspended and the Senate Committee 
Substitute bill is placed before the Senate for immediate consideration. 

Senator Ballenger rises to a point of order as to the principal provisions of a bill placed 
on the table in committee contained in a measure before the Senate. The Chair rules that a 
bill placed upon the table in Committee and not reported to the Senate with an unfavorable 
report does not prevent the principal provisions embodied in another measure. The point 
of order is not sustained. 

The Senate Committee Substitute bill passes its second and third readings and is 
ordered sent to the House of Representatives for concurrence in the Senate Committee 
Substitute bill. 

Senator Allred requests to be recorded voting "no." 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

H. B. 110 ' ' ^ ' House of Representatives 

(Senate Committee Substitute No. 3) June 29, 1984 . . , y ; : 

Mr. President: 

It is ordered that a message be sent your Honorable Body with the information that the 
House has adopted the report of the Conferees on Senate Committee Substitute for #3 
H. B. 110, A BILL TO BE ENTITLED AN ACT TO AUTHORIZE THE LEGISLA- 
TIVE COMMITTEE ON OCCUPATIONAL AND PROFESSIONAL LICENSURE 



July 3, 1984 



1984] SENATE JOURNAL 159 

TO ASSESS PROPOSALS FOR THE ESTABLISHMENT OR REVISION OF 
LICENSING LAWS AND PROGRAMS ACCORDING TO CRITERIA AND PRO- 
CEDURES SPECIFIED HEREIN, to the end that when a similar action has been taken 
on the part of the Senate, we will order the bill enrolled. 

Respectfully, 

S/ Grace Collins 

Princival Clerk 



The Chair declares the Senate in recess until 2:15 P.M. for the purpose of committee 
meetings. 

AFTERNOON SESSION — 2:15 P. M. 

The Senate meets pursuant to recess and is called to order by the Honorable James C. 
Green, Lieutenant Governor. 

WITHDRAWAL FROM COMMITTEE 

H. B. 1567 (Committee Substitute), a bill to enact the Elementary and Secondary 
School Reform Act of 1984. 

On motion of Senator Hardison, the rules are suspended and the Committee Substitute 
bill is taken from the Appropriations Committee and is placed on the Calendar for 
Thursday, July 5. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing and select committees, read by their 
titles, together with the reports accompanying them, and take their place on the Calen- 
dar, as follows: 

By Senator Lawing for the Rules and Operation of the Senate Committee: 

H. B. 1793, a bill to authorize the Department of Transportation to pay for nonbetter- 
ment costs of certain water line relocations in the highway right-of-way, with a favorable 
report. 

On motion of Senator Lawing, the rules are suspended and the bill is placed before the 
Senate for immediate consideration. 

The bill passes its second and third readings and is ordered enrolled. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

S. B. 430 House of Representatives 

(House Committee Substitute) July 3, 1984 

Mr. President: 

Pursuant to your information that your Honorable Body failed to concur in House 
Committee Substitute as amended to S. B. 430, A BILL TO BE ENTITLED AN ACT 



July 3, 1984 



160 SENATE JOURNAL [Second Session 

CREATING A PROGRAM OF EARLY PAROLE FOR NONDANGEROUS PRISON- 
ERS WHO CONSENT TO COMPLETE SERVICE OF THEIR TERMS THROUGH 
COMMUNITY SERVICE, the Speaker has appointed as conferees on the part of the 
House, Representatives Nesbitt, Chairman; Miller, Hackney, Payne, and Barnes to act 
with a like committee on the part of the Senate to the end that the differences existing 
between the two bodies may be adjusted. 

Respectfully, 

S/ Grace Collins 
Principal Clerk 

On motion of Senator Lawing, seconded by Senator Swain, the Senate adjourns to meet 
Thursday, July 5, at 11:00 A.M. 



ONE HUNDRED FIFTY-SEVENTH DAY 

Senate Chamber, 
Thursday, July 5, 1984. 

The Senate meets pursuant to adjournment, and is called to order by the Honorable 
James C. Green, Lieutenant Governor, 

Prayer is offered by the Reverend Claude Godwin, Senate Chaplain, as follows: 

"God of ages, when Your children wandered in the desert of Sinai, You fed them with 
quail and manna. When they were thirsty You brought forth water from the earth. We, 
too, sometimes find ourselves in a desert. Lord — not a desert of sand and rocks and heat, 
but a wilderness of the spirit. When we separate ourselves from You we begin to hunger 
and thirst for Your righteousness. Your wisdom, Your truth. Feed us. Lord, with bread 
from Heaven that will nourish our souls. Satisfy our thirst with an outpouring of Your 
Spirit. Fortify us all for the pilgrimage of our souls as You fortified those pilgrims so long 
ago, and bring us at last to that promised land where justice prevails; truth is triumphant; 
and peace shall reign forever. Amen." 

Senator Lawing for the Rules and Operation of the Senate Committee announces that 
the Journal of Tuesday, July 3rd has been examined and is found to be correct. On his 
motion, the Senate dispenses with the reading of the Journal and it stands approved as 
written. 

The President grants leaves of absence to Senators Barnes of Forsyth and Harrington 
for today. 
A leave of absence granted previously to Senator Childers is noted. 

The President declares the voting equipment inoperative. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 



July 5, 1984 



1984] SENATE JOURNAL 161 

S. B. 478, an act to refund the amount of accumulated contributions in excess of the 
contributions required of other members of the Local Governmental Employees' Retire- 
ment System made by firemen not covered under the Social Security Act who were 
members of the Local Governmental Employees' Retirement System. (Ch. 1086) 

S. B. 807, an act to permit interstate mergers and acquisitions of savings and loan 
associations and savings and loan holding companies on a reciprocal basis within a 
specified region. (Ch. 1087) 

S. B. 842, an act to appoint a person to public office upon the recommendation of the 
President Pro Tempore of the Senate. (Ch. 1091) 

S. B. 845, an act to amend the present law relating to the theft of cable television 
services. (Ch. 1088) 

S. B. 894, an act to appoint persons to various public offices upon the recommendation of 
the President of the Senate. (Ch. 1092) 

H. B. 110, an act to authorize the Legislative Committee on new Occupational and 
Professional Licensing Boards to assess proposals to license new occupations and pro- 
fessions according to criteria and procedures specified herein. (Ch. 1089) 

H. B. 1283 (Committee Substitute), an act to limit cities in their requirements for 
dedication of water systems as part (^subdivision regulations apphcable to areas outside 
of the city Umits. (Ch. 1080) 

H. B. 1451, an act to conform Subchapter 1 of Chapter 76A of the General Statutes 
affecting the Cape Fear River Navigation and Pilotage Commission with the provisions of 
Subchapter 2 of Chapter 76A affecting the Morehead City Navigation and Pilotage 
Commission. (Ch. 1081) 

H. B. 1658, an act to repeal statutes relating to the North Carolina Water Safety 
Committee and Water Safety Council. (Ch. 1082) 

H. B. 1778 (Committee Substitute), an act to amend the statute pertaining to seizure 
and confiscation of fish. (Ch. 1083) 

H. B. 1795, an act to reenact former statutory authority for public sewerage systems to 
exercise the power of eminent domain, (Ch. 1084) 

H. B. 1793, an act to authorize the Department of Transportation to pay for nonbetter- 
ment costs of certain water line relocations in the highway right-of-way. (Ch. 1090) 

H. B. 1797, an act to establish the North Carolina Advisory Council on the Eastern 
Band of the Cherokee. (Ch. 1085) 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senator Redman: 

S. J. R. 896, a joint resolution authorizing the 1983 General Assembly, 1984 Session, to 



July 5, 1984 



162 SENATE JOURNAL [Second Session 

consider a bill to be entitled an act to amend the Constitution to set a two-term limit on the 
President Pro Tempore of the Senate and the Speaker of the House of Representatives, 
and to provide for their election by secret ballot. 

Senator Redman offers a motion to suspend the rules to place the joint resolution before 
the Senate for immediate consideration, which motion fails to prevail. 

Referred to Rules and Operation of the Senate Committee. 

Senator Lawing moves that Rule 40 be suspended to allow the introduction and referral 
to committee of the following joint resolution, which motion prevails by a two-thirds 
majority vote. 

By Senator Lawing: 

S. J. R. 897, a joint resolution providing for adjournment si7ie die of the General 
Assembly. 

On motion of Senator Lawing, the rules are suspended and the joint resolution is placed 
before the Senate for immediate consideration. 

The joint resolution passes its second and third readings and is ordered, without 
objection, sent to the House of Representatives by special messenger. 

Senator Lawing moves that Rule 40 be suspended to allow the introduction and referral 
to committee of the following joint resolution, which motion prevails by a two-thirds 
majority vote. 

By Senator Lawing: 

S. J. R. 898, a joint resolution authorizing the 1983 General Assembly, 1984 Session, to 
consider a bill to be entitled an act to repeal Chapter 954, Session Laws of 1983. 

On motion of Senator Lawing, the rules are suspended and the joint resolution is placed 
before the Senate for immediate consideration. 

The joint resolution passes its second and third readings and is ordered, without 
objection, sent to the House of Representatives by special messenger. 

Senator Lawing moves that Rule 40 be suspended to allow the introduction and referral 
to committee of the following joint resolution, which motion prevails by a two-thirds 
majority vote. 

By Senator Walker: 

S. J. R. 899, a joint resolution authorizing the 1983 General Assembly, 1984 Session, to 
consider a bill to be entitled an act to correct an error in a local act concerning the Town of 
Liberty. 

On motion of Senator Walker, the rules are suspended and the joint resolution is placed 
before the Senate for immediate consideration. 

The joint resolution passes its second and third readings and is ordered, without 
objection, sent to the House of Representatives by special messenger. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 

H. B. 1784 (Committee Substitute), a bill to revise and recodify Chapter 150A of the 



July 5, 1984 



1984] SENATE JOURNAL 163 

General Statutes; to provide for proper hearings in administrative cases by establishing 
the positions of Chief Administrative Judge and administrative judges and for adequate 
judicial review by creating Superior Court judgeships to specialize in administrative 
cases; and to establish the North Carolina Register for the pubhcation of matters relevant 
to the adoption or modification of administrative rules. 

Referred to Rules and Operation of the Senate Committee. 

SPECIAL MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

The following special messages are received from the House of Representatives: 

H. J. R. 1792, a joint resolution authorizing the 1983 General Assembly, 1984 Session, 
to consider a joint resolution honoring the memory of Ralph Campbell, Sr. 
Referred to Rules and Operation of the Senate Committee. 

H. B. 1283 House of Representatives 

July 4, 1984 

Mr. President: 

It is ordered that a message be sent your Honorable Body with the information that the 
House has adopted the report of the Conferees on H. B. No. 1283, A BILL TO BE 
ENTITLED AN ACT TO LIMIT CITIES IN THEIR REQUIREMENTS FOR DEDI- 
CATION OF WATER SYSTEMS AS PART OF SUBDIVISION REGULATIONS 
APPLICABLE TO AREAS OUTSIDE OF THE CITY LIMITS. 

The speaker has ordered the bill enrolled. 

Respectfully, 

S/ Grace Collins 

Principal Clerk 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing and select committees, read by their 
titles, together with the reports accompanying them, and take their place on the Calen- 
dar, as follows: 

By Senator Swain for the Special Ways and Means Committee: 

H. B. 1788, a bill regarding federal assistance in the purchase of navigational aids for 
North Carolina airports, with a favorable report. 

On motion of Senator Swain, the rules are suspended and the bill is placed before the 
Senate for immediate consideration. 

The bill passes its second and third readings and is ordered enrolled. 

H. B. 1789, a bill regarding limitations on State financial aid to airports, with a 
favorable report. 

On motion of Senator Swain, the rules are suspended and the bill is placed before the 
Senate for immediate consideration, upon third reading. 

The bill passes its third reading and is ordered enrolled. 

H. B. 1791, a bill to allow the State Board of Elections to reschedule the House primary 
and election in District 8 as redistricted, with a favorable report. 



July 5, 1984 



164 SENATE JOURNAL [Second Session 

On motion of Senator Swain, the rules are suspended and the bill is placed before the 
Senate for immediate consideration. 
The bill passes its second and third readings and is ordered enrolled. 

H. B. 1794, a bill to provide counties more time to publish a notice about certain mineral 
rights, with a favorable report. 

On motion of Senator Swain, the rules are suspended and the bill is placed before the 
Senate for immediate consideration. 

The bill passes its second and third readings and is ordered enrolled. 

CALENDAR 

Bills and resolution on the Calendar are taken up and disposed of as follows: . 

H. B. 1567, a bill to enact the Elementary and Secondary School Reform Act of 1984, as 
amended, upon third reading. 

On motion of Senator Royall, the bill, as amended, is recommitted to the Appropria- 
tions Committee. 

CONFERENCE REPORT 

S. B. 430 (House Committee Substitute) 

Senator Swain, for the Conferees appointed to consider the differences arising between 
the Senate and House of Representatives upon S. B. 430 (House Committee Substitute), a 
bill creating a program of early parole for nondangerous prisoners who consent to 
complete service of their terms through community service, submits the following report: 

To the President of the Senate and the 
Speaker of the House of Representatives: 

We, your conferees, appointed to resolve the differences arising between the Senate 
and the House of Representatives on House Committee Substitute for Senate Bill 430, A 
BILL TO BE ENTITLED AN ACT CREATING A PROGRAM OF EARLY PAROLE 
FOR NONDANGEROUS PRISONERS WHO CONSENT TO COMPLETE SERVICE 
OF THEIR TERMS THROUGH COMMUNITY SERVICE, wish to report as follows: 
the Senate concurs in the House Committee Substitute, as amended, with the following 
amendments: 

On page 2, line 23, insert between Hues 23 and 24 the following: 

"Sec. 1.1. Nothing in this act shall obligate the General Assembly to appropriate 
additional funds." 

On page 2, line 24, rewrite the line to read: ' 

"Sec. 2. This act is effective upon ratification. .- -" 

And the House agrees to the same. 

To this end, the conferees recommend that the Senate and House of Representatives 
adopt the foregoing report. 

This the day of July 1984. 



July 5, 1984 



1984] SENATE JOURNAL 165 

S/ Robert S. Swain S/ Martin Nesbitt 

S/ Cecil R. Jenkins S/ George Miller 

S/ Marvin Ward , . , , ■ S/ Joe Hackney 

S/ Harold Hardison S/ Anne C. Barnes 

S/ Kenneth Royall, Jr. S/ Harry Payne 

Conferees on the part Conferees on the part 

of the Senate of the House of Representatives 

On motion of Senator Swain, the Conference Report is adopted and a message is 
ordered sent to the House of Representatives informing that Honorable Body of such 
action. 

The following Senators request to be recorded voting "no": Senators Barnes of Wayne, 
Thomas of Henderson, Hipps, and Warren. 

The Chair declares the Senate in recess until 2:15 P.M. for the purpose of committee 
meetings. 

AFTERNOON SESSION — 2:15 P.M. 

The Senate meets pursuant to recess and is called to order by the Honorable James C. 
Green, Lieutenant Governor. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing and select committees, read by their 
titles, together with the reports accompanying them, and take their place on the Calen- 
dar, as follows: 

By Senator Hardison, for the Appropriations Committee: 

S. B. 724, a bill to effect several provisions to improve the quality, reduce the overall 
costs and provide insurance coverage for the treatment of chemical dependency, with an 
unfavorable report as to bill, but favorable as to Committee Substitute bill, with amend- 
ment. 

On motion of Senator Hardison, the rules are suspended and the Committee Substitute 
bill, with amendment is placed before the Senate for immediate consideration. 

On his further motion the Committee Substitute bill with amendment is adopted. 

The Committee Substitute bill passes its second and third readings and is ordered, 
without objection, sent to the House of Representatives by special messenger. 

H. B. 665, a bill to amend the Corporation Income Tax Act to provide for solar tax 
credits for corporations engaged in service as well as manufacturing businesses, as 
amended, with a favorable report. 

On motion of Senator Hardison, the rules are suspended and the bill, as amended, is 
placed before the Senate for immediate consideration. 

The bill, as amended, passes its second and third readings and is ordered returned to the 
House for concurrence in Senate Amendment No. 1. 

H. B. 666, a bill to amend the Individual Income Tax Act to provide for solar tax credits 
for individuals' service as well as manufacturing businesses, as amended, with a favorable 
report. 



July 5, 1984 



166 SENATE JOURNAL [Second Session 

On motion of Senator Hardison, the rules are suspended and the bill, as amended, is 
placed before the Senate for immediate consideration. 

The bill, as amended, passes its second and third readings and is ordered returned to the 
House for concurrence in Senate Amendment No. 1. 

By Senator Lawing for the Rules and Operations of the Senate Committee: 

H. B. 1754, a bill to regulate raffles, as amended, with a favorable report. 
On motion of Senator Lawing, the rules are suspended and the bill is placed before the 
Senate for immediate consideration, as amended, upon third reading. 
The bill, as amended, fails to pass its third reading. 

H. J. R. 1792, a joint resolution authorizing the 1983 General Assembly, 1984 Session, 
to consider a joint resolution honoring the memory of Ralph Campbell, Sr., with a 
favorable report. 

On motion of Senator Lawing, the rules are suspended and the joint resolution is placed 
before the Senate for immediate consideration. 

The joint resolution, passes its second and third readings and is ordered enrolled. 

SPECIAL MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

The following special messages are received from the House of Representatives: 

S. B. 430 House OF Representatives 

(House Committee Substitute) July 5, 1984 

Mr. President: 

It is ordered that a message be sent your Honorable Body with the information that the 
House has adopted the report of the Conferees on House Committee Substitute for 
S. B. No. 430, A BILL TO BE ENTITLED AN ACT CREATING A PROGRAM OF 
EARLY PAROLE FOR NONDANGEROUS PRISONERS WHO CONSENT TO 
COMPLETE SERVICE OF THEIR TERMS THROUGH COMMUNITY SERVICE, 
to the end that when a similar action has been taken on the part of the Senate, you may 
order the bill enrolled. 

Respectfully, 

S/ Grace Collins 

Principal Clerk 

The bill is ordered enrolled. 

S. B. 790, a bill to clarify the procedures to insure payment of child support, for 
concurrence in House Amendments Nos. 1 and 2. 

On motion of Senator Marvin, the rules are suspended, and the bill is placed before the 
Senate for immediate consideration. 

On motion of Senator Marvin, the Senate concurs in House Amendments Nos. 1 and 2, 
and the bill is ordered enrolled. 

H. B. 1798, a bill to include registered political committees in the list of organizations 
allowed to conduct licensed raffles. 

The Chair rules the bill contains the principal provisions of H. B. 1754, a bill to regulate 
raffles, which failed to pass its third reading. 

The Chair refers the bill to the Rules and Operation of the Senate Committee. 



July 5, 1984 



1984] SENATE JOURNAL 167 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

H. B. 1788, an act regarding federal assistance in the purchase of navigational aids for 
North Carohna airports. (Ch. 1093) 

H. B. 1789, an act regarding limitations on State financial aid to airports. (Ch. 1094) 

H. B. 1791, an act to allow the State Board of Elections to reschedule the House primary 
and election in District 8 as redistricted. (Ch. 1095) 

H. B. 1794, an act to provide counties more time to pubhsh a notice about certain 
mineral rights. (Ch. 1096) 

H. J. R. 1792, a joint resolution authorizing the 1983 General Assembly, 1984 Session, 
to consider a joint resolution honoring the memory of Ralph Campbell, Sr. (Res. 102) 

RECONSIDERATION 

H. B. 1754, a bill to regulate raffles, as amended. 

Senator Warren, having voted on the prevailing side, offers a motion to reconsider the 
vote by which the bill, as amended, failed to pass its third reading, which motion is ruled 
out of order as the third reading has been previously reconsidered. 

Senator Warren offers a motion to suspend the rules to allow the reconsideration of the 
bill, as amended, a second time, which motion prevails. 

Senator Warren offers a motion to reconsider the vote by which the bill, as amended, 
failed to pass its third reading, which motion prevails and, without objection, the Chair 
removes the bill, as amended, from the Calendar and recomits it to the Rules and 
Operations of the Senate Committee. 

On motion of Senator Lawing, seconded by Senator Soles, the Senate adjourns to meet 
tomorrow at 10:00 A.M. 



ONE HUNDRED FIFTY-EIGHTH DAY 

Senate Chamber, 
Friday, July 6, 1984. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Green, Lieutenant Governor. 

Prayer is offered by the Reverend Claude Godwin, Senate Chaplain, as follows: 

"Almighty God, as we bring to a close the business which has been set before this 
Senate, we are conscious once more of the human weaknesses and frailties that beset us 
all, and Your amazing grace that enables us to rise to the challenges You set before us. For 
all that we have done that is good and right and proper we give thanks to Your Spirit who 
enlivens and enhghtens us all. For lapses in courage, in wisdom, in insight that have kept 
us from doing and being our best, we ask Your forgiveness. Bless the women and men of 



July 6, 1984 



168 SENATE JOURNAL [Second Session 

this Senate, the Lt. Governor, the staff and all who have labored in this Hall for the benefit 
of the people. Send us away from this place with a renewed sense of gratitude for the 
opportunity given to us to play our part in this process, and a renewed dedication to the 
cause of liberty and justice for all the people. Amen." 

Senator Lawing for the Rules and Operation of the Senate Committee announces that 
the Journal of yesterday has been examined and is found to be correct. On his motion, the 
Senate dispenses with the reading of the Journal and it stands approved as written. 

The President grants leaves of absence to Senators Barnes of Forsyth, Harris of 
Mecklenburg, and Harrington for today and to Senator Allred for a portion of today. 
A leave granted previously to Senator Childers is noted. 

The President extends courtesies of the gallery to Senator Charles D. Walton, District 
9 of Rhode Island, formerly of Garner, North Carolina. 

The President declares the voting equipment inoperative. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

S. B. 430 (House Committee Substitute), an act creating a program of early parole for 
nondangerous prisoners who consent to complete service of their terms through communi- 
ty service. (Ch. 1098) 

S. B. 790, an act to clarify the procedures to insure payment of child support. (Ch. 1100) 

S. J. R. 899, a joint resolution authorizing the 1983 General Assembly, 1984 Session, to 
consider a bill to be entitled an act to correct an error in a local act concerning the Town of 
Liberty. (Res. 103) 

H. B. 1513 (Committee Substitute), an act to change the State tax structure for 
commodities and services provided by certain utilities to enable individuals to deduct the 
taxes on these commodities and services from their federal income. (Ch. 1097) 

H. B. 1796 (Senate Committee Substitute), an act to put North Carolina in compUance 
with a federal court decision concerning straight ticket voting. (Ch. 1099) 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing and select committees, read by their 
titles, together with the reports accompanying them, and take their place on the Calen- 
dar, as follows: 

By Senator Hardison for the Appropriations Committee: 

H. B. 738 (Senate Committee Substitute), a bill to authorize the Legislative Research 
Commission to Study the issue of strict liability for damages resulting from hazardous 
wastes in North Carohna, with an unfavorable report as to bill, but favorable as to Senate 
Committee Substitute bill No. 2. 

On motion of Senator Hardison, the rules are suspended and Senate Committee 



July 6, 1984 



1984] SENATE JOURNAL 169 

Substitute bill No. 2 which changes the title to read, a bill to be entitled an act authorizing 
studies by the Legislative Research Commission, authorizing additional studies, and 
making various appropriations for studies, is placed before the Senate for immediate 
consideration. 

On motion of Senator Hardison, Senate Committee Substitute bill No. 2 is adopted, and 
on his further motion is placed on the Calendar for today, for further consideration. 

By Senator Lawing for the Rules and Operation of the Senate Committee: 

H. B. 1754, a bill to regulate raffles, as amended, with a favorable report, as amended. 

On motion of Senator Lawing, the rules are suspended and the bill, as amended, is 
placed before the Senate for immediate consideration upon third reading, and on his 
further motion Committee Amendment No. 4 is adopted. 

Senator Staton moves that the vote by which Amendment No. 3 was adopted be 
reconsidered, which motion prevails. 

Without objection. Senator Staton withdraws Amendment No. 3. 

The bill, as amended, passes its third reading and is ordered sent to the House of 
Representatives for concurrence in Senate Amendments Nos, 1, 2, and 4, without 
objection by special messenger. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

Senator Walker moves that Rule 40 be suspended to allow the introduction and referral 
to committee of the following bill, which motion prevails by a two-thirds majority vote. 

By Senator Walker: 

S. B. 900, a bill to correct an error in a local act concerning the Town of Liberty, 
On motion of Senator Walker, the rules are suspended and the bill is placed before the 

Senate for immediate consideration. 
The bill passes its second and third readings and is ordered, without objection, sent to 

the House of Representatives by special messenger. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

H. B. 738 (Senate Committee Substitute No. 2), a bill authorizing studies by the 
Legislative Research Commission, authorizing additional studies, and making various 
appropriations for studies. 

The Senate Committee Substitute bill No. 2 passes its second and third readings and is 
ordered sent to the House of Representatives for concurrence in Senate Committee 
Substitute bill No. 2, without objection, by special messenger. 

The President relinquishes the gavel to Senator Lawing, President Pro Tempore, and 
without objection approaches the Well of the Senate. 

On motion of Senator Hardison, the remarks of Lt. Governor Green are spread upon the 
Journal, as follows: 



July 6, 1984 



170 SENATE JOURNAL [Second Session 

"To all of you, my friends in the Senate, and fellow North Carolinians: 

"I have been privileged and honored to serve in every Session of the North Carolina 
General Assembly since 1961. 

"And, having been afforded that rare opportunity, I am more firmly convinced, at this 
moment, of the righteousness of our system of government — and of the great commit- 
ment of those who serve it — than I have ever been before in my life. 

"I wish first to express my profound thanks to the people of North Carolina who have 
entrusted the Office of the Lieutenant Governor to my care and keeping for the first two 
consecutive terms in the history of our great State. 

"During that period, it has remained the office of the people, and my staff and I have 
occupied it as their humble servants. It shall continue to serve that role until it is delivered 
into other hands. 

"As this Session comes to a close, I speak to you not only as the President of the 
Senate — but, more importantly — as a North Carolinian addressing a great body of 
North Carolinians, who represent a greater body of 6,000,000 citizens who have a vital 
stake in what we have said and accomplished in this Assembly. 

"We did not come to this Chamber of government in 1984 to begin a crusade — but, 
rather, to continue a crusade that began long ago. 

"A crusade that has filled a large part of my life for almost three decades — and one 
upon which I now look back with much pride and satisfaction. 

"A crusade to lift the farmer out of the despondency of changing agricultural ways and 
technologies, and to help put him on a firm economic foundation with other groups in our 
economic system. 

"A crusade to help estabhsh a sound and stable banking and thrift system. 

"A crusade to see that every North Carohnian had a decent home in which to live with 
not only all of the necessities of life, but some of the luxuries of life as well. 

"A crusade to see that every child who lives under the North Carolina flag has a normal, 
wholesome atmosphere with the greatest chance to acquire an education to prepare him or 
her for the burdens and responsibilities of life. 

"A crusade for all of our people, young and old ahke, whatever their station in Hfe. 

"Not only a crusade to make our life happier and fuller and freer, but a crusade Hkewise 
to provide the people of our great State the most perfect system of State government that 
men and women, working together in dedication, can devise. 

"During my more than two decades in State office, we have built or laid the foundations 
of an edifice of equality and of justice to all classes of our people from the mountains to the 
sea. 

"During that tenure of service, I have worked to help build an edifice in which all North 
Carolinians might dwell with pride and satisfaction and contentment. 

"Not only that they might all not only have life, liberty and the pursuit of happiness, but 
that they might have life more abundantly; that they might have liberty, dignity and 
freedom; that they might not only pursue happiness, but overtake it and enjoy it and 
cherish it. 

"In building that edifice for the working men and women of North Carolina, for 
agriculture, for honest business, for all segments of our society — I am proud to have 
been humble mechanic. 

"I am proud to have laid a stone here and a brick yonder, and helping to hang the door in 
order that the people might come and go freely in that edifice built for them and their 
advancement. 

"I do not know what the fate of the world holds for me. I am no prophet. I cannot see into 
the future any more than any other man. 

July 6, 1984 



1984] SENATE JOURNAL 171 

"But I do know one thing. That in spite of its deficiencies, I have contributed to a system 
of government that is the best and most stable of any state in our Nation. 

"I am proud to have been given the opportunity by the people of North Carolina to play a 
humble part in that great work. 

"And whether I shall hold another office, or whether I shall retire to the shades and 
shelters of private life, I shall cherish and carry to my dying day the memory of that 
humble role. 

"And, so long as I shall breathe the breath of life, I shall fight for those things in which I 
believe, and you beheve, and in which all North Carolinians beheve. 

"When the people of North Carolina shall have rejidered their verdict on behalf of my 
service to them and their great State, North Carohna will go forward to complete the 
edifice of which I spoke a moment ago. 

"God grant that it will come in your day and mine. 

"Thank you, and may you enjoy His blessings upon your work in the years to come." 

The Senate acknowledges with a standing ovation the remarks of Lieutenant Governor 
James C. Green. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing and select committees, read by their 
titles, together with the reports accompanying them, and take their place on the Calen- 
dar, as follows: 

By Senator Hardison for the Appropriations Committee: 

H. B. 1567 (Committee Substitute), a bill to enact the Elementary and Secondary 
School Reform Act of 1984, with an unfavorable report as to Committee Substitute bill, 
but favorable as to Senate Committee Substitute bill. 

On motion of Senator Hardison, the rules are suspended and the Senate Committee 
Substitute bill is placed before the Senate for immediate consideration and on his further 
motion the Senate Committee Substitute bill is adopted. 

The Senate Committee Substitute bill passes its second and third readings and is 
ordered sent to the House of Representatives for concurrence in the Senate Committee 
Substitute bill. 

CONFERENCE REPORT 

H. B. 1413 

Senator Plyler for the Conferees appointed to consider the differences arising between 
the Senate and House of Representatives upon H. B. 1413, a bill to be entitled an act to 
prohibit State Employees from receiving State retirement benefits while employed, 
submits the following Conference Report: 

To the President of the Senate and the 
Speaker of the House of Representatives: 

We, your conferees, appointed to resolve the differences arising between the Senate 
and the House of Representatives on House Bill 1413, A BILL TO BE ENTITLED AN 
ACT TO PROHIBIT STATE EMPLOYEES FROM RECEIVING STATE RETIRE- 
MENT BENEFITS WHILE EMPLOYED, wish to report as follows: move to amend the 
bill on page 4, line 24, by re- writing Section 5 to read: "This act is effective September 1, 
1985, but shall not apply to agreements entered into before the effective date of this act." 

July 6, 1984 



172 SENATE JOURNAL [Second Session 

To this end, the conferees recommend that the Senate and House of Representatives 
adopt the foregoing report. 

This the 6 day of July 1984. 

S/ W. Craig Lawing S/ Josephus Mavretic 

S/ Aaron Plyler S/ Bob Etheridge 

S/ Ollie Harris S/ Robert Hunter ^ • 

S/ Anthony Rand S/ Allen Barbee 

S/ Dallas Alford S/ Martin Nesbitt 

Conferees on the part Conferees on the part 

of the Senate of the House of Representatives 

On motion of Senator Plyler, the Conference Report is adopted and a message is 
ordered sent to the House of Representatives informing that Honorable Body of such 
action. 

The President of the Senate assumes the gavel. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

H. J. R. 1801, a joint resolution honoring Ralph Campbell, Sr. 
On motion of Senator Woodard, the rules are suspended, and the joint resolution is 
placed before the Senate for immediate consideration. 
The joint resolution passes its second and third readings and is ordered enrolled. 

The Chair declares the Senate in recess until 1:20 P.M. for the purpose of committee 
meetings. 

AFTERNOON SESSION —1:20 P.M. 

The Senate meets pursuant to recess and is called to order by the Honorable James C. 
Green, Lieutenant Governor. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

S. J. R. 898, a joint resolution authorizing the 1983 General Assembly, 1984 Session, to 
consider a bill to be entitled an act to repeal Chapter 954, Session Laws of 1983. (Res. 104) 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

Senator Lawing moves that Rule 40 be suspended to allow the introduction and referral 
to committee of the following bill, which motion prevails by a two-thirds majority vote. 

By Senator Lawing: 



July 6, 1984 



1984] SENATE JOURNAL 173 

S. B. 901, a bill to repeal Chapter 954, Session Laws of 1983. 

On motion of Senator Lawing, the rules are suspended and the bill is placed before the 
Senate for immediate consideration. 

The bill passes its second and third readings and is ordered, without objection, sent to 
the House of Representatives by special messenger. 

The Chair declares the Senate in recess until 3:00 P.M. for the purpose of committee 
meetings. 

AFTERNOON SESSION — 3:00 P.M. 

The Senate meets pursuant to recess and is called to order by the Honorable James C. 
Green, Lieutenant Governor. 

SPECIAL MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

The following special messages are received from the House of Representatives: 

H. B. 1413 House of Representatives 

(Committee Substitute) July 6, 1984 

Mr. President: 

It is ordered that a message be sent your Honorable Body with the information that the 
House has adopted the report of the Conferees on C. S. H. B. No. 1413, A BILL TO BE 
ENTITLED AN ACT TO PROHIBIT STATE EMPLOYEES FROM RECEIVING 
STATE RETIREMENT BENEFITS WHILE EMPLOYED, to the end that when a 
similar action has been taken on the part of the Senate, we will order the bill enrolled. 

Respectfully, 

S/ Grace Collins 

Principal Clerk 

H. B. 1754 House of Representatives 

July 6, 1984 

Mr. President: 

It is ordered that a message be sent your Honorable Body with the information that the 
House fails to concur in the Senate amendment to H. B. No. 1754, A BILL TO BE 
ENTITLED AN ACT TO REGULATE RAFFLES, and requests conferees. The Speak- 
er has appointed Representatives Hightower, Hunter, and Beam on the part of the House 
to confer with a like committee appointed by the Senate to the end that the differences 
arising may be adjusted. 

Respectfully, 

S/ Grace Collins 
Principal Clerk 

Senator Lawing moves that the President appoint conferees, which motion prevails. 
The President appoints Senators Lawing, Harris of Cleveland, and Staton as conferees on 
the part of the Senate and a message is ordered sent to the House of Representatives 
informing that Honorable Body of such action. 



July 6, 1984 



174 SENATE JOURNAL [Second Session 

S. J. R. 897, a joint resolution providing for adjournment sine die of the General 
Assembly, for concurrence in the House amendment. 

Referred to Rules and Operation of the Senate Committee. , 

CONFERENCE REPORT 

H. B. 1754 

Senator Lawing for the Conferees appointed to consider the differences arising be- 
tween the Senate and House of Represenatives upon H. B. 1754, a bill to be entitled an act 
to regulate raffles, submits the following Conference Report: 

To the President of the Senate and the 
Speaker of the House of Representatives: 

We, your conferees, appointed to resolve the differences arising between the Senate 
and the House of Representatives on House Bill 1754, A BILL TO BE ENTITLED AN 
ACT TO REGULATE RAFFLES, wish to report as follows: The House concurs in 
Senate Amendments #1 and #2. The Senate recedes from Senate Amendment #4, and in 
lieu thereof inserts a new amendment to read: "Amend the bill on page 2, lines 24 and 25 by 
rewriting those lines to read: '(c) Raffles shall be limited to two per non-profit organization 
per year.' Further amend the bill on page 2, line 21, by deleting the word 'lottery', and 
substituting thereof the word 'game'." 

And the House agrees to the same. 

To this end, the conferees recommend that the Senate and House of Representatives 
adopt the foregoing report. 

This the day of July, 1984. 

S/ W. Craig Lawing S/ Foyle Hightower 

S/ William W. Staton . ■ S/ Robert Hunter 

S/ Ollie Harris S/ Sam Beam 

Conferees on the part Conferees on the part 

of the Senate of the House of Representatives 

On motion of Senator Lawing, the Conference Report is adopted and a message is 
ordered sent to the House of Representatives informing that Honorable Body of such 
action, 

SPECIAL MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

The following special messages are received from the House of Representatives: 

H. B. 1799, a bill to clarify amendments to the Safe Driver Insurance Plan. 
Referred to Rules and Operation of the Senate Committee. 

S. B. 634, a bill regarding continuance of foreclosure hearings when all parties have not 
been properly served, for concurrence in House Amendments Nos. 1 and 2. 

On motion of Senator Swain, the rules are suspended and the bill is placed before the 
Senate for immediate consideration. 

On motion of Senator Swain, the Senate concurs in House Amendments Nos. 1 and 2 
and the bill is ordered enrolled. 



July 6, 1984 



1984] SENATE JOURNAL 175 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

S. B. 900, an act to correct an error in a local act concerning the Town of Liberty. 
(Ch. 1102) 

H. B. 665, an act to amend the Corporation Income Tax Act to provide for solar tax 
credits for corporations engaged in service as well as manufacturing businesses. 
(Ch. 1104) 

H. B. 666, an act to amend the Individual Income Tax Act to provide for solar tax credits 
for individuals' service as well as manufacturing businesses. (Ch. 1105) 

H. B. 1413 (Committee Substitute), an act to prohibit State employees from receiving 
State retirement benefits while employed. (Ch. 1106) 

H. B. 1567 (Committee Substitute), an act to enact the Elementary and Secondary 
School Reform Act of 1984. (Ch. 1103) 

H. B. 1660 (Senate Committee Substitute), an act to make technical changes to the safe 
roads act. (Ch. 1101) 

H. J. R. 1801, a joint resolution honoring Ralph Campbell, Sr. (Res. 105) 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

S. J. R. 892, a joint resolution designating Oak Ridge Mihtary Academy as the Military 
Academy of the State of North Carolina and empowering the Governor to sign its 
diplomas, and honoring its founder, Jesse Benbow, for concurrence in the House Com- 
mittee Substitute bill which changes the title to read, S. J. R. 892, a joint resolution 
recognizing the contribution to North Carolina by Oak Ridge Military Academy and 
honoring its founder, Jesse Benbow, upon concurrence. 

Senator Edwards of Guilford moves that the Senate do not concur in the House 
Committee Substitute bill and further moves that the President appoint conferees, which 
motions prevail. 

The President appoints Senators Edwards of Guilford, Marion, and Ballenger as 
conferees on the part of the Senate and a message is ordered sent to the House of 
Representatives informing that Honorable Body of such action. 

WITHDRAWAL FROM COMMITTEE: 

S. J. R. 897, a joint resolution providing for adjournment sine die of the General 
Assembly. 

On motion of Senator Lawing the rules are suspended and the joint resolution is taken 
from the Rules and Operation of the Senate Committee and is placed before the Senate 
for immediate consideration. 

Senator Lawing moves that the Senate do not concur in the House amendment and 
further moves that the President appoint conferees, which motions prevail. 

The President appoints Senators Lawing, Chairman; Harris of Cleveland, Barnes of 



July 6, 1984 



176 SENATE JOURNAL [Second Session 

Wayne, Hardison and Royall as conferees on the part of the Senate and a message is 
ordered sent to the House of Representatives informing that Honorable Body of such 
action. 

SPECIAL MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

The following special messages are received from the House of Representatives: 

S. B. 750, a bill to phase out over a five-year period the tax on intangible personal 
property that is now classified and taxed at specific rates, and to provide funds to partially 
compensate local governments for the revenue loss, for concurrence in the House amend- 
ment. 

On motion of Senator Lawing, the rules are suspended, and the bill is placed before the 
Senate for immediate consideration. 

Senator Lawing offers a motion that the Senate do not concur which motion prevails. 
Upon his further motion conferees are not requested, and a message is ordered sent to the 
House of Representatives informing that Honorable Body of such action. 

H. B. 1754 House of Representatives 

July 6, 1984 

Mr. President: 

It is ordered that a message be sent your Honorable Body with the information that the 
House has adopted the report of the Conferees on H. B. 1754, A BILL TO BE ENTI- 
TLED AN ACT TO REGULATE RAFFLES, to the end that when a similar action has 
been taken on the part of the Senate, we will order the bill enrolled. 

Respectfully, 

S/ Grace Collins 

Principal Clerk 

S. J. R. 897 House of Representatives 

July 6, 1984 

Mr. President: 

Pursuant to your information that your Honorable Body failed to concur in House 
Amendment to SJR No. 897, A JOINT RESOLUTION PROVIDING FOR ADJOURN- 
MENT SINE DIE OF THE GENERAL ASSEMBLY, the Speaker has appointed as 
conferees on the part of the House, Representatives Adams, Chairman; Watkins, Barbee, 
Nesbitt, and Clark to act with a like committee on the part of the Senate to the end that the 
differences existing between the two bodies may be adjusted. 

Respectfully, 

S/ Grace Collins 

Principal Clerk 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing and select committees, read by their 
titles, together with the reports accompanying them, and take their place on the Calen- 
dar, as follows: 



July 6, 1984 



1984] SENATE JOURNAL 177 

By Senator Hardison for the Appropriations Committee: 

S. B. 187, a bill to authorize a self-liquidating project at North Carohna Memorial 
Hospital for critical care center facilities, with an unfavorable report as to bill, but 
favorable as to Committee Substitute bill. 

On motion of Senator Hardison, the rules are suspended and the Committee Substitute 
bill which changes the title to read, S. B. 187 A BILL TO BE ENTITLED AN ACT 
APPROPRIATING FUNDS FOR VARIOUS LOCAL PROJECTS, is placed before the 
Senate for immediate consideration and on his further motion the Committee Substitute 
bill is adopted. 

The Committee Substitute bill passes its second and third readings and is sent to the 
House of Representatives by special messenger. 

CONFERENCE REPORT 

H. B. 933 (Committee Substitute No. 2) 

Senator Swain for the Conferees appointed to consider the differences arising between 
the Senate and House of Representatives upon Committee Substitute No. 2 for H. B. 933, 
a bill to be entitled an act to authorize the alteration of a marriage license when a party to 
the marriage lawfully changes his or her name, submits the following Conference Report: 

To the President of the Senate and the 
Speaker of the House of Representatives 

We, your conferees, appointed to resolve the differences arising between the Senate 
and the House of Representatives on House Committee Substitute #2 for House Bill 933 
as amended by the Senate (6/14/83), Senate Amendment #1; A BILL TO BE ENTITLED 
AN ACT TO AUTHORIZE THE ALTERATION OF A MARRIAGE LICENSE 
WHEN A PARTY TO THE MARRIAGE LAWFULLY CHANGES HIS OR HER 
NAME, wish to report as follows: 

The Conference Committee recommends that the differences between the Senate and 
the House of Representatives regarding the House Committee Substitute #2 for House 
Bill 933 amended by the Senate (6/14/83) by Senate Amendment #1 be resolved by the 
adoption of the following amendment: 

On page 1, line 19 after the period by deleting the phrase "If allowed" and substituting: 
"If the change of name is allowed,". 

To this end, the conferees recommend that the Senate and House of Representatives 
adopt the foregoing report. 

This the 21 day of July, 1983. 

S/ Robert S. Swain S/ Daniel T. Blue 

S/ Wanda H. Hunt S/ H. Martin Lancaster 

S/ James H. Edwards S/ Frank W. Ballance, Jr. 

Conferees on the part Conferees on the part 

of the Senate of the House of Representatives 

On motion of Senator Swain, Conference Report No. 1 is adopted and a message is 
ordered sent to the House of Representatives informing that Honorable Body of such 
action. 



July 6, 1984 



178 SENATE JOURNAL [Second Session 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

H. B. 1376 (Committee Substitute), a bill appropriating funds for various statewide 
projects. 

On motion of Senator Hardison, the rules are suspended, and the Committee Substitute 
bill is placed before the Senate for immediate consideration. 

Senator Royall offers Amendment No. 1 which is adopted. 

Senator Warren offers Amendment No. 2 which is adopted. 

Without objection, Senator Davis is excused from voting on Amendment No. 2. 

The Committee Substitute bill, as amended, passes its second and third readings and is 
ordered sent to the House of Representatives for concurrence in Senate Amendments 
Nos. 1 and 2, without objection, by special messenger. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

S. B. 634, an act regarding continuance of foreclosure hearings when all parties have not 
been properly served. (Ch. 1108) 

S. B. 724, an act to effect several provisions to improve the quality, reduce the overall 
costs and provide insurance coverage for the treatment of chemical dependency. 
(Ch. 1110) 

S. B, 901, an act to repeal Chapter 954, Session Laws of 1983. (Ch. 1111) 

H. B. 1551 (Committee Substitute), an act to appropriate funds to the Judicial Depart- 
ment and the Administrative Office of the Courts. (Ch. 1109) 

H. B. 1754, an act to regulate raffles. (Ch. 1107) 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

H. B. 1376 House of Representatives 

(Committee Substitute) July 6, 1984 

Mr. President: ■ , ;.. ;;,,■ ',■.-:,, .; , . ■;'•;, 

It is ordered that a message be sent your Honorable Body with the information that the 
House fails to concur in the Senate amendment to CS H. B. 1376, A BILL TO BE 
ENTITLED AN ACT APPROPRIATING FUNDS FOR VARIOUS STATEWIDE 
PROJECTS, and requests conferees. The Speaker has appointed Representatives Wat- 
kins, Chairman; Adams, Bob Etheridge, McDowell, and Tennille on the part of the House 
to confer with a like committee appointed by the Senate to the end that the differences 
arising may be adjusted. 

Respectfully, 

'■' ''■'"■/-■.:■'■'■'■■ •■■.'",; ■" ':"::i'^;';";i,.'i S/ Grace Collins :■:,■;-.,.;../■.■:-.; 

..■'-■■."■■ ,"■■''•"' ■'■■'''"'"'■'' i'V"'" '.■■'■■;.•' •/■■■^' '.'■;■■'■::■■ '^-^ Principal Clerk '' '^ '•'':'-;'■-:, 



July 6, 1984 



1984] SENATE JOURNAL 179 

Senator Hardison moves that the President appoint conferees, which motion prevails. 
The President appoints Senators Hardison, Chairman; Royall, Duncan, Lawing, and 
Harris of Cleveland as conferees on the part of the Senate and a message is ordered sent to 
the House of Representatives informing that Honorable Body of such action. 

On motion of Senator Lawing, seconded by Senator Hipps, the Senate adjourns to meet 
tomorrow at 9:30 A.M. 



ONE HUNDRED FIFTY-NINTH DAY 

Senate Chamber, 
Saturday, July 7, 1984. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Green, Lieutenant Governor. 

Prayer is offered by Senator Hardison as follows: 

"Heavenly Father, we thank Thee for this, another beautiful day, and for all the many 
blessings that You have so richly blessed us with, and especially for the opportunity we 
have to assemble again as friends and laborers for the people and for Thee. We pray that 
whatever we may do today would be for the betterment of mankind and would be 
according to Thy will. We ask that you would continue to lead, guide and direct us in all our 
endeavors, for it is in Thy Name we pray. Amen." 

Senator Lawing for the Rules and Operation of the Senate Committee announces that 
the Journal of yesterday has been examined and is found to be correct. On his motion, the 
Senate dispenses with the reading of the Journal and it stands approved as written. 

The President grants a leave of absence to Senator Winner, for today. 
A leave of absence granted previously to Senator Childers is noted. 

The President declares the voting equipment inoperative. 

SPECIAL MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

The following special messages are received from the House of Representatives: 

S. J. R. 892 House of Representatives 

July 7, 1984 

Mr. President: 

Pursuant to your information that your Honorable Body failed to concur in the House 
Committee Substitute to S. J. R. 892^, A JOINT RESOLUTION RECOGNIZING THE 
CONTRIBUTION TO NORTH CAROLINA BY OAK RIDGE MILITARY ACADEMY 
AND HONORING ITS FOUNDER, JESSE BENBOW, the Speaker has appointed as 
conferees on the part of the House, Representatives Seymour, Chairperson; Church, 
DeVane, Pulley, and Nesbitt to act with a like committee on the part of the Senate to the 
end that the differences existing between the two bodies may be adjusted. 

Respectfully, 

S/ Grace Collins 

Principal Clerk 

July 7, 1984 



180 SENATE JOURNAL [Second Session 

The Chair announces that Senator Ballenger is dismissed as a Conferee and Senator 
Edwards of Caldwell is appointed, and a message is ordered sent to the House of 
Representatives informing that Honorable Body of such action. 

The Chair declares the Senate in recess until 10:15 A.M. for the purpose of Committee 
meetings. 

MORNING SESSION — 10:15 A.M. 

The Senate meets pursuant to recess and is called to order by the Honorable James C. 
Green, Lieutenant Governor. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing and select committees, read by their 
titles, together with the reports accompanying them, and take their place on the Calen- 
dar, as follows: 

By Senator Swain for the Special Ways and Means Committee: 

H. B. 1603 (Committee Substitute), a bill to provide for the sale of clean detergents in 
North Carolina, with an unfavorable report. 

By Senator Lawing for the Rules and Operation of the Senate Committee: 

H. B. 1784 (Committee Substitute), a bill to revise and recodify Chapter 150A of the 
General Statutes; to provide for proper hearings in administrative cases by establishing 
the positions of Chief Administrative Judge and administrative judges and for adequate 
judicial review by creating Superior Court judgeships to specialize in administrative 
cases; and to establish the North Carolina Register for the pubhcation of matters relevant 
to the adoption or modification of administrative rules, with an unfavorable report. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

S. B. 706, a bill to permit interstate banking in North Carohna on a reciprocal basis, for 
concurrence in the House Committee Substitute bill which changes the title upon con- 
currence to read S. B. 706 (House Committee Substitute), a bill to permit interstate 
banking in North Carolina on a reciprocal basis and to provide for the registration and 
examination of bank holding companies, and to provide for the sale of clean detergents in 
North Carolina. 

On motion of Senator Royall, the rules are suspended, and the House Committee 
Substitute bill is placed before the Senate for immediate consideration. 

Senator Royall rises to a point of order as to House Amendment No. 1 being germane to 
the original bill. Citing Rule XVI(7) of the United States House of Representatives, the 
Chair sustains the point of order and rules the House amendment not germane to the 
original bill. Senator Royall offers a motion that the House Committee Substitute bill be 
returned to the House of Representatives for further consideration, which motion pre- 
vails. 

Without objection. Senator Johnson is excused from voting for the following reason: 
"Conflict of interest." 

The Chair orders the House Committee Substitute bill returned to the House of 
Representatives. 

July 7, 1984 



1984] SENATE JOURNAL 181 

S. B. 187 (Committee Substitute), a bill appropriating funds for various local projects 
and other matters, for concurrence in House Amendments Nos. 1 through 18. 

On motion of Senator Lawing, the rules are suspended, and the Committee Substitute 
bill is placed before the Senate for immediate consideration. 

Senator Lawing rises to a point of order stating the principal provisions of House 
Amendment No. 18 are contained in Committee Substitute for H. B. 1784 (Committee 
Substitute), a bill to revise and recodify Chapter 150A of the General Statutes; to provide 
for proper hearings in administrative cases by estabhshing the positions of Chief Adminis- 
trative Judge and administrative judges and for adequate judicial review by creating 
Superior Court judgeships to specialize in administrative cases; and to estabhsh the North 
Carolina Register for the pubhcation of matters relevant to the adoption or modification of 
administrative rules, placed on the table by an unfavorable report. The Chair sustains the 
point of order. 

Senator Royall offers a motion that the Committee Substitute bill be returned to the 
House of Representatives informing that Honorable Body of the ruHng of the Chair, which 
motion unanimously prevails. 

The Chair orders the Committee Substitute bill returned to the House of Representa- 
tives. 

CONFERENCE REPORT 

S. J. R. 892 (Senate Committee Substitute) 

Senator Edwards of Guilford, for the Conferees appointed to consider the differences 
arising between the Senate and House of Representatives upon S. J. R. 892 (House 
Committee Substitute), a joint resolution recognizing the contribution to North Carolina 
by Oak Ridge Military Academy and honoring its founder, Jesse Benbow, submits the 
following Conference Report: 

To the President of the Senate and the 
Speaker of the House of Representatives: 

We, your conferees, appointed to resolve the differences arising between the Senate 
and the House of Representatives on House Committee Substitute for S. J. R. 892, a joint 
resolution recognizing the contribution to North Carolina by Oak Ridge Military 
Academy, and honoring its founder, Jesse Benbow, wish to report as follows: The Senate 
concurs in the House Committee Substitute with the following amendments: 

On page 1, lines 1 through 3, rewrite those lines to read: 

"A JOINT RESOLUTION DESIGNATING THE OAK RIDGE MILITARY 
ACADEMY WITH THE HONORARY DESIGNATION AS THE MILITARY 
ACADEMY OF THE STATE OF NORTH CAROLINA, WITH NO OBLIGATION TO 
THE STATE, EMPOWERING THE GOVERNOR TO SIGN ITS DIPLOMAS, AND 
HONORING ITS FOUNDER, JESSE BENBOW." 

Further amend on page 2, line 10, by adding the following immediately before the 
period: by designating it the official military academy of the State. This designation does 
not in any way obhgate the State of North Carolina toward the institution, financially or 
otherwise. 



July 7, 1984 



182 SENATE JOURNAL [Second Session 

Sec. 3. The Governor shall be empowered to sign diplomas of the future graduates of 
Oak Ridge Military Academy upon request of the officials of the academy." 

Further amend on page 2, line 11 by renumbering Sec. 3. as Sec. 4. 

And the House agrees to the same. . 

To this end the conferees recommend that the Senate and the House of Representatives 
adopt the foregoing report. 

This the 7th day of July, 1984. 

S/ Elton Edwards S/ Mary P. Seymour ■ 

S/ George W. Marion, Jr. S/ W. Paul Pulley • . 

S/ Jim Edwards S/ John T. Church 

S/ Martin Nesbitt 
Conferees on the part Conferees on the part - '• 

of the Senate of the House of Representatives 

On motion of Senator Edwards of Guilford, the Conference Report is adopted and a 
message is ordered sent to the House of Representatives informing that Honorable Body 
of such action. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

H. B. 738 (Senate Committee Substitute), an act authorizing studies by the Legislative 
Research Commission, authorizing additional studies, and making various appropriations 
for studies. (Ch. 1112) 

SPECIAL MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

The following special messages are received from the House of Representatives: 

S. B. 706 (House Committee Substitute), a bill to permit interstate banking in North 
Carolina on a reciprocal basis and to provide for the registration and examination of bank 
holding companies, for concurrence in the House Committee Substitute bill. 

On motion of Senator Edwards of Caldwell, the rules are suspended, and the House 
Committee Substitute bill is placed before the Senate for immediate consideration. 

On motion of Senator Edwards of Caldwell, the Senate concurs in the House Committee 
Substitute bill and the bill is ordered enrolled. 

Without objection. Senator Edwards of Guilford is excused from voting for the follow- 
ing reason: "Possible conflict of interest." 

Senator Thomas of Henderson requests to be recorded voting "no". . \ 

S. J. R. 892 House of Representatives 

July 7, 1984 ; 

Mr. President: 

It is ordered that a message be sent your Honorable Body with the information that the 
House fails to adopt the Conference Report on House Committee Substitute for 



July 7, 1984 



1984] SENATE JOURNAL 183 

S. J. R. 892, A JOINT RESOLUTION RECOGNIZING THE CONTRIBUTION TO 
NORTH CAROLINA BY OAK RIDGE MILITARY ACADEMY, AND HONORING 
ITS FOUNDER, JESSE BENBOW. 

Respectfully, 

S/ Grace Collins 

Principal Clerk 

H. B. 1376 House of Representatives 

July 7, 1984 

Mr. President: 

It is ordered that a message be sent your Honorable Body with the information that 
Representatives Beam and Evans have been added as conferees on Committee Substitute 
for H. B. 1376, A BILL TO BE ENTITLED AN ACT APPROPRIATING FUNDS FOR 
VARIOUS STATEWIDE PROJECTS. 

Respectfully, 

S/ Grace Collins 

Principal Clerk 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

Senator Edwards of Guilford moves that Rule 40 be suspended to allow the introduction 
and referral to committee of the following Senate resolution, which motion prevails by a 
two-thirds majority vote. 

By Senator Edwards of Guilford: 

S. R. 902, a Senate resolution recognizing Oak Ridge Military Academy as the military 
academy of the State of North Carolina, encouraging the Governor to sign its diplomas, 
and honoring its founder, Jesse Benbow. 

On motion of Senator Edwards of Guilford, the rules are suspended and the Senate 
resolution is placed before the Senate for immediate consideration. 

On motion of Senator Edwards of Guilford, the Senate Resoluton is adopted. (The text 
of this resolution appears in the Appendix.) 

CONFERENCE REPORT 

S. J. R. 897 

Senator Lawing, for the Conferees appointed to consider the differences arising be- 
tween the Senate and House of Representatives upon S. J. R. 897, a joint resolution 
providing for adjournment sine die of the General Assembly, submits the following 
Conference Report: 

To the President of the Senate and the 
Speaker of the House of Representatives: 

We, your conferees, appointed to resolve the differences arising between the Senate 



July 7, 1984 



184 SENATE JOURNAL [Second Session 

and the House of Representatives on S. J. R. 897, a joint resolution providing for 
adjournment sine die of the General Assembly, wish to report as follows: 

The Senate concurs in House Amendment #1. 
And the House agrees to the same. 

To this end, the conferees recommend that the Senate and House of Representatives 
adopt the foregoing report. 

This the 7th day of July 1984. 

S/ W. Craig L awing S/ J. Allen Adams 

S/ Harold W, Hardison S/ William T. Watkins 

S/ Kenneth C. Royall, Jr. S/ Allen C. Barbee ' • ■; Si 

S/ Henson P. Barnes S/ Martin L. Nesbitt ;'v> "lij-^j'' 

S/ J. Ollie Harris . S/ William E. Clark ■ :s .'' r 

Conferees on the part Conferees on the part ' " 

of the Senate of the House of Representatives 

On motion of Senator Lawing, the Conference Report is adopted and a message is 
ordered sent to the House of Representatives informing that Honorable Body of such 
action. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

H. B. 1689 (Committee Substitute), a bill to create the Roanoke Voyages and 
EUzabeth II Commission, and to appropriate funds therefor. 

On motion of Senator Hardison, the rules are suspended and the Committee Substitute 
bill is placed before the Senate for immediate consideration. 

The Committee Substitute bill passes its second and third readings and is ordered 
enrolled. .. ..jv:^' '■ 

S. B. 187 (Committee Substitute), a bill appropriating funds for various local projects 
and other matters, for concurrence in House Amendments Nos. 1 through 16. 

On motion of Senator Hardison, the rules are suspended, and the Committee Substitute 
bill is placed before the Senate for immediate consideration. 

On motion of Senator Hardison, the Senate concurs in House Amendments Nos. 1 
through 16 and the Committee Substitute bill is ordered enrolled. 

CONFERENCE REPORT 

H. B. 1376 (Committee Substitute) 

Senator Hardison, for the Conferees appointed to consider the differences arising 
between the Senate and House of Representatives upon H. B. 1376 (Committee Sub- 
stitute), a bill to appropriate funds for various statewide projects, submits the following 
Conference Report: 

To the President of the Senate and the 
Speaker of the House of Representatives: 

We, your conferees, appointed to resolve the differences arising between the Senate 
July 7, 1984 



1984] SENATE JOURNAL 185 

and the House of Representatives on Committee Substitute for House Bill 1376: A BILL 
TO BE ENTITLED AN ACT APPROPRIATING FUNDS FOR VARIOUS STATE- 
WIDE PROJECTS wish to report as follows: 

The Senate recedes from Amendment #1 and inserts the following amendment in lieu 
thereof: 

In lieu of House Amendment #1 which is deleted, amend the bill on page 25, line 3, by 
adding the following at the end: 

"(d) No personnel other than the staff director may be appointed prior to the convening 
of the 1985 General Assembly. 

(e) Whenever this Article requires something to be done by the co-chairmen or to be 
approved by the co-chairmen, it must be done or approved by a majority of them. 

(f) Any expenditures of funds by the Commission, regardless of the source, must be 
approved by the co-chairmen." 

further amend the bill on page 24 lines 16 and 20 by adding in each place immediately 
after the word "Director", the words "with the approval of the co-chairmen" 

further amend the bill on page 24, lines 18 and 19 by deleting: ", as the Director finds 
necessary to carry out the purposes of this act" 

further amend the bill on page 25, lines 12 through 14 by deleting "a building of 
prominence and historical significance within close proximity to the State Capitol Visitor 
Center and the center of State Government", and inserting in lieu thereof "office space 
in Raleigh" 

further amend on page 26, lines 5 and 6 by deleting ", including penalties for un- 
authorized use," 

further amend the bill on page 29, line 13 by adding immediately before the period the 
words "for use during the term of the Commission". 
The House concurs in Senate Amendment #2. 
And the Senate agrees to the same. 

To this end, the conferees recommend that the Senate and House of Representatives 
adopt the foregoing report. 

This the 7th day of July 1984. 

S/ W. Craig Lawing S/ William T. Watkins 

S/ Ollie Harris S/ Sammy L. Beam 

S/ Conrad Duncan S/ Margaret Tennille 

S/ Kenneth C. Royall, Jr. S/ Charles D. Evans 

S/ Harold W. Hardison S/ Tim McDowell 

S/ J. Allen Adams 
S/ Bobby R. Etheridge 
Conferees on the part Conferees on the part of the 

of the Senate House of Representatives 

On motion of Senator Hardison, the Conference Report is adopted and a message is 
ordered sent to the House of Representatives informing that Honorable Body of such 
action. 



July 7, 1984 



186 SENATE JOURNAL [Second Session 

SPECIAL MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

The following special messages are received from the House of Representatives: 

S. J. R. 897 House of Representatives 

July 7, 1984 

Mr. President: ' 

It is ordered that a message be sent your Honorable Body with the information that the 
House has adopted the report of the Conferees on S. J. R. No. 897, A JOINT RESOLU- 
TION PROVIDING FOR ADJOURNMENT SINE DIE OF THE GENERAL ASSEM- 
BLY, to the end that when a similar action has been taken on the part of Senate, you may 
order the bill enrolled. 

Respectfully, 

S/ Grace Collins 

Principal Clerk 

H. B. 1376 House of Representatives 

July 7, 1984 

Mr. President: 

It is ordered that a message be sent your Honorable Body with the information that the 
House has adopted the report of the Conferees on CS for H. B. No. 1376, A BILL TO BE 
ENTITLED AN ACT APPROPRIATING FUNDS FOR VARIOUS STATEWIDE 
PROJECTS, to the end that when a similar action has been taken on the part of the 
Senate, we will order the bill enrolled. 

Respectfully, 

S/ Grace Collins 

Principal Clerk 

The Chair declares the Senate in recess until 3:35 P.M. 

AFTERNOON SESSION — 3:35 P.M. 

The Senate meets pursuant to recess and is called to order by the Honorable James C. 
Green, Lieutenant Governor. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

S. B. 187 (Committee Substitute), an act appropriating funds for various local projects. 
(Ch. 1114) 

S. B. 706 (House Committee Substitute), an act to permit interstate banking in North 
CaroUna on a reciprocal basis and to provide for the registration and examination of bank 
holding companies. (Ch. 1113) 

H. B. 1376 (Committee Substitute), an act appropriating funds for various statewide 
projects. (Ch. 1116) 



July 7, 1984 



1984] SENATE JOURNAL 187 

H. B. 1689 (Committee Substitute), an act to create the Roanoke Voyages and Eliza- 
beth II Commission, and to appropriate funds therefor. (Ch. 1115) 

S. J. R. 897, a joint resolution providing for adjournment sine die of the General 
Assembly. (Res. 106) 

Senator Jenkins offers a motion that this Senate of the 1983 General Assembly do now 
adjourn sine die. 

The President orders a message sent to the House of Representatives informing that 
Honorable Body that the Senate has completed the business for which it was convened and 
stands ready to adjourn sine die. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

House of Representatives 
July 7, 1984 

Mr. President: 

You are respectfully advised that the business of the House of Representatives has 
been concluded and that the Body will be ready to open the doors of the House im- 
mediately upon receipt of information from your Honorable Body that you are ready to 
open your doors, that the gavels may fall simultaneously and adjournment may be 
declared sine die. 

Respectfully, 

S/ Grace Collins 

Principal Clerk 

Pursuant to the message that the House of Representatives has concluded the business 
before it and having notified that Body that the Senate has completed the business before 
it, the President of the Senate declares that the Senate stands ready for adjournment sine 
die. 

The President orders the doors of the Senate thrown open, and the Speaker of the 
House of Representatives is perceived standing ready to let the gavel fall. 

The motion heretofore offered by Senator Jenkins prevails. 

The hour for adjournment sine die fixed by Resolution 106 having arrived, the Presi- 
dent of the Senate, James C. Green, declares the Senate of the 1983 General Assembly 
adjourned sine die. 



James C. Green 
President of the Senate 



Sylvia Morris Fink 
Principal Clerk of the Senate 



July 7, 1984 



190 SENATE JOURNAL [Second Session 

SENATE RESOLUTIONS 



SECOND SESSION 1984 



Adopted June 11, 1984 



S. R. 717, A SENATE RESOLUTION TO HONOR THE FIFTIETH ANNIVERSARY 
OF THE GREAT SMOKY MOUNTAINS NATIONAL PARK, AND HONOR- 
ING FRANKLIN D. ROOSEVELT FOR HIS ROLE IN ESTABLISHING THE 
PARK. 

Whereas, the year 1984 will mark the 50th Golden Anniversary of the Great Smoky 
Mountains National Park and will begin the second half of a century of one of the world's 
great sanctuaries of wilderness area remaining today much as it was when this nation was 
first settled; and 

Whereas, the first 50 years of the Park's existence have generated national recognition 
for the half-million acres in North Carolina and Tennessee known as the Great Smokies, 
and the Park has emerged as the most visited national park in the entire United States and 
the largest wilderness area in the east; and 

Whereas, more than eight million visitors yearly enjoy more varieties of plant and 
animal life than in any other preserve in the Western Hemisphere, including the largest 
block of virgin timber on earth; and 

Whereas, history indicates that the first public suggestion for the estabhshment of the 
Park is credited to The Reverend C. D. Smith of Franklin, North Carolina, in the 1880's; 
and 

Whereas, the General Assembly in 1893, by resolution, requested the members of the 
U.S. Congress to "use their influence for the estabhshment of a national park in western 
North Carolina"; this resolution being the first governmental action of record favoring the 
creation of a park in the Great Smoky Mountains; and 

Whereas, a movement arose in the 1920's to promote a national park in the Great 
Smokies and a State commission, Great Smoky Mountains, Inc., was formed to work in 
conjunction with a similar commission in Tennessee; and 

Whereas, the movement was met with many obstacles, including private ownership of 
the lands, the shortage of purchase money to acquire the lands and the lack of recognition 
needed to make the Park worthy of admission into the select company of established 
national parks; and 

Whereas, Congress enacted legislation in 1926 that would authorize the Great Smoky 
Mountains National Park to be protected and administered by the National Park Service 
as soon as North Carolina and Tennessee officially deeded 150,000 acres for the Park; and 

Whereas, intensive fund-raising campaigns were waged in both states, and much 
enthusiasm was generated by young and old to establish a national park close to home; and 

Whereas, the General Assembly enacted legislation in 1927 to provide for the acquisi- 
tion of land in the Great Smokies and to authorize the issuance of bonds for two million 
dollars to purchase the land; and 

Whereas, although the total Park fund continued to grow, it was estimated that an 



1984] SENATE JOURNAL 191 

additional five million dollars would be needed to assure the Park's success and many 
supporters began to doubt the reality of the Park's future; and 

Whereas, after several efforts to obtain the funds were unsuccessful, Mr. John D. 
Rockefeller, Jr., made a gift of five milhon dollars to the project from the Laura Spelman 
Rockefeller Foundation, established earlier by John D. Rockefeller, Sr. , as a memorial to 
his wife; and 

Whereas, "the gift that saved the Park" was made in 1928, and over the years Rockefell- 
er's interest in the Park project grew as his personal visits and community acquaintances 
increased; and 

Whereas, extensive negotiations and lawsuits dotted the history of the acquisition of 
some 6,600 tracts of land including claims of individuals who thought they owned portions 
of those tracts; and 

Whereas, because the money needed was insufficient to complete the land purchases 
since property values had steadily increased. President Franklin D. Roosevelt announced 
in August 1933 an allotment of over $1.5 milhon to complete the project; and 

Whereas, on June 15, 1934, Congress authorized full estabhshment and development of 
the Park as one of the nation's 13 national parks, and this date marks the official birth of 
the Great Smoky Mountains National Park; and 

Whereas, for the past 50 years, visitors to the Park have enjoyed 1400 varieties of 
flowering plants, 2200 other plants, 400 animal species not including insects and microor- 
ganisms, and 150 species of trees, more species of trees than in any other national park or 
in all of Europe; and 

Whereas, the Park has been designated by the United Nations as an International 
Biosphere as a part of an international system of reserves for conservation, research and 
monitoring; and 

Whereas, while western parks were carved out of the public domain, the Great Smoky 
Mountains National Park is unique because it was a gift from the people of North Carolina 
and Tennessee, created out of privately-owned lands; and 

Whereas, in this, the year of the Park's Golden Anniversary, the General Assembly 
leads the citizens of this State in an honorary salute to the "showcase of natural beauty," 
the Great Smoky Mountains National Park; 

Now, therefore, be it resolved by the Senate: 

Section 1. The Senate of North Carolina pauses to recognize and honor the first 50 years 
of the Great Smoky Mountains National Park. 

Sec. 2. This resolution is effective upon adoption. 



Adopted June 11, 1984 

S. R. 727, A SENATE RESOLUTION URGING THE UNITED STATES OLYMPIC 
COMMITTEE TO HOLD THE NATIONAL SPORTS FESTIVAL IN NORTH 
CAROLINA IN EITHER 1986 OR 1987. 

Whereas, the National Sports Festival is an activity of the United States Olympic 
Committee and is now the premier athletic event in the United States; and 



192 SENATE JOURNAL [Second Session 

Whereas, the National Sports Festival is the showcase of talent for America's athletic 
hopefuls for the Pan American and Olympic Games; and 

Whereas, the Festival promotes amateur sports and the development of youth and tests 
the abilities of athletes over a ten-day period in July or August of each non-Olympic year, 
affording athletes the opportunity to compete in 33 sports of the Pan American and 
Olympic games; and 

Whereas, since the efforts of The University of North Carolina Professor Eben 
Alexander with the first modern-day Olympics in 1896, the residents of North Carolina 
have long followed and promoted amateur athletics, by being deeply involved in and 
supportive of a wide range of competitive sports, and by producing some of the best 
athletes in the United States and the world, such as James Frances Thorpe of the 1909 
Rocky Mount Railroaders Baseball Team; and 

Whereas, North Carolina has some of the finest athletic facilities in the nation, particu- 
larly in its Research Triangle area of Raleigh, Durham, and Chapel Hill, where nine 
colleges and universities are located which are equipped with the best and most efficient 
accommodations and facihties for sports activities, and where some of the country's finest 
athletes choose to enroll; and 

Whereas the citizens of North Carolina accept with great pride the challenge of hosting 
the National Sports Festival, the thousands of participating athletes and officials, and the 
many more thousands of visitors who would attend this prestigious event; 

Now, therefore, be it resolved by the Senate: 

Section 1. The Senate of North Carolina hereby respectfully requests the United States 
Olympic Committee to hold the National Sports Festival in the Research Triangle area of 
this great State in either 1986 or 1987, not only to further the cause of competitive sports 
for the youth of our nation, but to share with athletes, officials and visitors the high quality 
of life we enjoy in the great North State. 

Sec. 2. This resolution is effective upon adoption. 



Adopted July 7, 1984 

S. R. 902, A SENATE RESOLUTION RECOGNIZING OAK RIDGE MILITARY 
ACADEMY AS THE MILITARY ACADEMY OF THE STATE OF NORTH 
CAROLINA, ENCOURAGING THE GOVERNOR TO SIGN ITS DIPLOMAS, 
AND HONORING ITS FOUNDER, JESSE BENBOW. 

Whereas, Oak Ridge Military Academy, formerly Oak Ridge Military Institute, since 
1852 has served the State of North Carolina and the nation by preparing young men and 
women for life and leadership roles consistent with the highest standards of education and 
character development; and 

Whereas, Jesse Benbow, born in 1815, proposed in 1851 the founding of a preparatory 
school in the vicinity of Oak Ridge, than became one of the key founders of the Oak Ridge 
Military Academy in 1852, and served as a trustee until his death in 1900; and 

Whereas, the effectiveness of Oak Ridge Military Academy and its antecedent Oak 
Ridge Military Institute is evidenced by the many alumni who have become leaders in 
government, education, business, the miUtary, and the many other vocations they have 
pursued; and 



1984] SENATE JOURNAL 193 

Whereas, Oak Ridge Military Academy has maintained its educational quahty through 
periods of natural disaster, war, economic stress, and social change and is entering its 
133rd year with a renewed dedication to academic excellence and high standards of 
individual conduct; 

Now, therefore, be it resolved by the Senate: 

Section 1. The Senate of North Carolina pauses to honor Jesse Benbow and to acknowl- 
edge its debt of gratitude to him for providing education and training in leadership for the 
youth of North Carolina and for furnishing the impetus for founding Oak Ridge Military 
Academy. 

Sec. 2. The Senate of North Carohna expresses its appreciation to Oak Ridge Military 
Academy for its many years of valuable service to the youth of North Carolina by 
recognizing it as the official military academy of the State of North Carolina. 

Sec. 3. The Senate of North Carolina encourages the Governor to sign diplomas of the 
future graduates of Oak Ridge Military Academy upon the request of the officials of the 
Academy. 

Sec. 4. This resolution is effective upon adoption. 



June 7, 1984 

BUDGETARY ADDRESS 

by Governor James B. Hunt, Jr. 

Lieutenant Governor Green, Speaker Ramsey, members of the House and Senate, 
distinguished guests and my fellow North Carolinians: 

Next Monday evening, I will deliver my only commencement address of this year. It 
will not be before a major college or university, nor before a large high school. Instead, it 
will be before the 41 seniors of Cape Hatteras School, less than 50 miles from where the 
first EngUsh settlers planted their first colony 400 years ago. 

I made the decision to deliver my only commencement address there for both personal 
and symbolic reasons. 

In 1955, I was one of 76 graduating seniors at Rock Ridge High School in Wilson 
County. I was class Valedictorian, right proud of myself and pretty sure that I was ready 
to set the world on fire. 

That fall, in my first semester at North Carolina State College, I found out differently. I 
found that my high school education had not prepared me as well as my new friends from 
Raleigh and Greensboro and Charlotte were prepared. I found out that I was behind, not 
because I had not worked hard, not because my parents did not care about education — 
but because of where I was from. 

I promised myself then that if I could ever do anything to see that kids from the country, 
or kids from the wrong side of town, or kids from poor families, could have a better 
chance — an equal chance — for a better education, I would do it. 

So I stand before this General Assembly today and ask you, the elected representatives 
of the people of North Carolina, to fulfill that hope for the students in a tiny, distant school 
on the shores of Cape Hatteras and for children in every city and every corner of this State 



194 SENATE JOURNAL [Second Session 

who deserve a decent education, a fair chance to make a success of their hves, and a good 
job. 

This is no ordinary "short budget session" of the General Assembly. 

The responsibility for action here surpasses any personal or political agenda we bring to 
these halls. The people of North Carolina are ready for action for excellence in education. 
The challenges of a growing economy and a changing world will not wait. The decisions 
you make during this session will determine whether the next generation will take North 
Carolina farther than any of us dream, or whether tomorrow will pass us by. 

The children of North Carolina deserve a dramatic improvement in their schools, and 
our generation must meet that responsibility to their generation. 

Those who came before us — Governors like Ay cock and Sanford, far-sighted Senators 
and Representatives — met their responsibility. Their wisdom and their courage, again 
and again over the past three decades, have transformed North Carolina. 

Today we are building a new economy based on new technologies. We have combined a 
tradition of agriculture and manufacturing with the promise of science and technology. 
We have preserved a small-town way of life and productivity, yet prospered from a 
big-city vitality. 

We have built something special in North Carolina, and we are the envy of the nation. 
As a place to do business, as a place to live, as a place to raise a family, as a place to 
visit — North Carolina has emerged literally as the nation's leader. 

But a leader cannot be lazy, for other states are nipping at our heels — Tennessee, 
South CaroHna, Virginia. Still others are spurred on to action — California, Texas, 
Massachusetts. The competition is fierce — for economic growth, for jobs, for the future. 
Our state and our children can compete with the best — if we give them the kind of 
education that tomorrow's economy will require. We have good schools today and those 
who deny that don't know what they are talking about. But we must make them better. 

North CaroUna can afford to make that investment. We have survived the most serious 
economic recession of the last 40 years, when 10 percent of our people were out of work. 
And we did so without cutting essential services to our people or firing State personnel. 
We did it by dedicated teachers and State employees accepting hmited salary increases. 
Now North Carolina is leading the nation's recovery. Our economic growth — not higher 
taxes — has generated the capital we need to invest in our schools, our children and our 
future. 

There is widespread agreement throughout our State, indeed a mandate from our 
people, that we must make this investment in education and that we must make it in a way 
that will bring strong economic growth to every single area of North Carolina. 

To determine just what that requires, I appointed last year a 50-member Commission 
on Education for Economic Growth — business executives, educators, legislators, school 
board members, labor leaders, parents, students and dedicated citizens. 

They heard from more than 250 people during their hearings across this State. They 
spent countless hours studying what other states are doing. They received advice from 
representatives of 32 organizations that have an interest in North Carolina's schools. 

I ask you to give their recommendations your serious consideration during this session. 
And I ask your permission now to have the members of the commission who are present. 



1984] SENATE JOURNAL 195 

and its co-chairs Bland Worley and Dick Spangler, to stand so that we might thank them 
for the contribution they have made to North CaroUna. 

If we follow their recommendations, many of which are paralleled by the Education 
Policy Council which will present its main report to you next January, we can make 
excellent schools the vehicle to give North Carolina unquestioned economic leadership 
among the states of this nation. 

But I caution you: there is no quick fix — no easy road. We must make deep, profound 
changes in our schools. We must take bold, ambitious strides forward, not timid steps. 

We must take action in six areas: 

First, we must build a team, a "partnership," of businesses, churches, civic groups and 
citizens, that is excited about, involved in and committed to improving the schools. And 
they must have "staying power." 

Second, we must reform and strengthen our curriculum so that our children are 
learning the abilities and skills they need to hold a good job and be good citizens. No more 
"cotton candy courses" or social promotions. Students should know we have high ex- 
pectations of them. And a passing report card and a high school diploma should be a 
guarantee anywhere in our State that essential competencies have been mastered. 

Third, we must develop a higher regard for our teachers, recruit the best we can get, 
train them in the way business trains its best, and pay them like the professionals they 



Fourth, we must follow up on our nationally acclaimed Primary Reading Program 
which has virtually eliminated "non-readers" in grades K - 3, by reducing class size to 26 
in grades four through six. We should relieve teachers of distracting non-teaching duties 
and provide them with clerical assistance as soon as possible. 

Fifth, we must clearly understand that good principals and superintendents will run 
good schools. So we must pay them on a level competitive with business and help 
principals and school administrators develop the management strengths that will inspire 
and motivate teachers and students alike. 

Sixth, we must see that every single child — those who live in the country, those who 
have special talents, those who have special problems, every single child — has the 
chance for a good education. 

The most expensive investment I am recommending — and the most important — is in 
the people who teach our children. We must attract the best and the most dedicated people 
into teaching, and that means paying salaries that are competitive with what those people 
make in private industry. 

So I am recommending for all certified education personnel a 10 percent salary increase, 
and that you as the Legislature reclassify them up one grade for an additional increase of 
about five percent. We should aim for a pay scale that offers an experienced and able 
teacher the chance to make $35,000 a year, or more. 

Of equal importance, I am recommending that the State of North Carolina develop a 
new way of paying teachers. I urge that the 1985 Legislature establish a career develop- 
ment plan to provide extraordinary rewards for extraordinary teachers, not just for 
reaching the upper levels of seniority, but for reaching the upper levels of competence and 
effectiveness as well. And I want the word to go out here and now that salaries for the best 
teachers in the future will compare with the best salaries in other professions. 



196 SENATE JOURNAL [Second Session 

In addition, one of the recommendations I am making to you is to establish free 
scholarships for students who want to become teachers, and the State Board of Education 
is already developing a plan to attract the best students into teaching in the years ahead. 

I am recommending that we test students in grades three, six and nine to determine 
that they have mastered the competencies necessary at that level. If not, students should 
be held back and provided strong and effective remedial programs, including free summer 
school, until they have earned promotion. 

I recommend that we strengthen vocational programs, math and science laboratories, 
and that we buy new textbooks and computers. 

Dropout prevention programs should be expanded, and an Office of Rural Education 
created to work on behalf of children who live in remote, rural areas. 

Finally, two concerns of parents that have been too often ignored should be addressed 
squarely. An Office of School Discipline should be created at the State level and modest 
funds made available to every school district to deal with disruptions and discipline 
problems. Nine pilot projects are working across North Carohna now. We can and we 
must make every school safe and conducive to learning. 

The men who took the beaches and parachuted behind the lines at Normandy made their 
sacrifices and were successful for reasons far beyond their ability to read and compute and 
punctuate correctly. They were committed to certain "values" that this country stood for. 

And we must develop plans to incorporate the teaching of positive values in our public 
schools. Boards of Education should develop materials and methods for teaching these 
values such as patriotism, responsibihty, good citizenship, honesty, courage, compassion 
and respect for other persons and other cultures, and free enterprise. 

This is an ambitious agenda, but it is achievable. As Governor, I urge that you pass 
every recommendation of the Commission on Education for Economic Growth. This is the 
year to "seize the future" for North Carolina's schools, but your commitment should not be 
for this year alone. Many of the recommendations of the Commission are for the next 
biennium and for the years beyond. Indeed, making our schools excellent, world- 
competitive is a job for the rest of this decade and through the year 2000. 

I will ask that you make other investments in our State's future in this session. 

I urge you to enact a seven-part package of compensation and benefits to our loyal State 
employees: 

— A 10 percent cost of hving salary increase for active employees. 

— A 10 percent cost of hving increase for retirees. 

— More flexibility and funds for salary adjustments (reclassifications). 

— Addition of the 10th step in the State Employees' Salary Increment Program for 
1984 - 85. 

— Elimination of the salary grade 50 from the State Employees' Salary Schedule. 

— Changing the Teachers' and State Employee's Retirement Formula from 1.57 per- 
cent to 1.60 percent. 

— Recommendation of the reinstatement of the Salary Increment Program in the 
biennial budget beginning July 1, 1985, in effect reinstating the merit system. (This 
budget will go to the printer in November or early December of 1984.) 



1984] SENATE JOURNAL 197 

We must pass a Clean Water Budget to protect North Carolina's rivers, streams and 
lakes against pollution. 

I urge that we improve our juvenile correction programs and that we extend statewide 
our "workfare" program that has proved effective in getting people off of welfare rolls and 
into paying jobs. 

Let me conclude with a personal word to the members of this General Assembly. 

It has been my honor and privilege over the past 12 years to serve with members of this 
body, past and present. 

During my eight years as Governor we have had a time of challenge and change. We 
have had to ride out storms of recession and inflation, of political reaction and political 
renewal. I'm proud that in the beginning of my first year as Governor, we had a beginning 
credit balance of $68.5 million. Today, we enter our eighth year with a credit balance of 
$225 miUion. And we have enacted no broad-based tax increases. 

Our accomplishments in economic growth, high technology, human development, 
education, and the preservation of our natural resources have been impressive, and we 
have made North Carolina clearly one of the leading states, not just of the South, but of 
the nation. 

Yes, we've had our disagreements. And we will always have those who criticize what 
we did yesterday, doubt what we are doing today and question what we will be tomorrow. 

But North Carolina has cast its lot with the future. We have faced tomorrow with 
hope — not with fear, with courage — not with hesitation, with belief in ourselves and in 
each other — not with doubt. 

That is the spirit that has prevailed in these halls, in the hearts and minds of the men and 
women who work and serve here. And it is particularly the driving spirit behind two of the 
finest leaders with whom it has been my honor to serve here: Lieutenant Governor Jimmy 
Green and Speaker of the House Liston Ramsey. 

That, my friends, is the spirit that has moved North Carolina forward for 400 years. 

For myself and for my State, I give thanks to God for the wisdom and the courage and 
the vision that has walked in these halls. And I give special thanks for you, the men and 
women with whom it has been my privilege to serve and whose trust and friendship I shall 
cherish as long as I live. 

Thank you. 



198 



SENATE JOURNAL 



[Second Session 



SENATE STAFF 



OFFICE OF THE PRESIDENT 

Lieutenant Governor 
Administrative Assistants 

Press Secretary 
Secretaries 



OFFICE OF THE PRESIDENT PRO TEMPORE 

President Pro Tempore 
Administrative Assistant 

OFFICE OF THE PRINCIPAL CLERK 

Principal Clerk 

Administrative Assistant ^"'•' 

Calendar Clerk 

Assistant Calendar Clerks 

Journal Clerk '; 

Assistant Journal Clerks 



READING CLERK 

OFFICE OF THE SERGEANT-AT-ARMS 

Sergeant-at-Arms 

Deputy Sergeant-at-Arms 

Assistants Johnnie Burke 

Henry Copley 
Rita DeMent 
Mary Denning 
Renee Duffie 
Bruce Hargrove 
Kate Hearn 



James C. Green 

Arlene Pulley 

William H, Franklin, Jr. 

George C. Jones 

Vernon Morton 

Sarah B. Hanner 

Judy Hodges 

Mary Ann Dusenbury 



W. Craig Lawing 
Ruth Holmes 

Sylvia Morris Fink 

Barbara R. Richardson 

Susan Thompson 

Marianne Brooks 

Joyce Bunn 

Emma E. "Bill" Farrow 

Mary Lee Taylor 

Mary Puryear 
Barbara Burgess 
Tulasi Chittor 
Lisa Pittman 
Mildred Stone 

LeRoy Clark, Jr. 



Gerda B. Pleasants 

Royster Baker 

W. H. Horton 
Alyson Hyman 
Laura Marsh 
Jimmy Phipps 
Adair Pulley 
Jesse Rice 



1984] 



SENATE JOURNAL 



199 



SECRETARIES 

Supervisor 



Joan Leatherman 



Name 



Senator 



Clerk of Committee 



Pamela Allsbrook 


Daniels 


Small Business 


Jane Bagley 


H. Barnes 


Judiciary HI 


Sybil Barnes 


Tison 


Economy 


Jerry Batchelor 


Staton 


State Government 


Judy Britt 


Jordan 


Base Budget 


Bettie Browne 


Winner 




Kelly Chambers 


Wright 




Hazel Cooper 


R. Thomas 


Ways and Means 


Anita Drum 


Marvin 


Constitutional Amendments 


Patricia Dupree 


Martin 




Sue Floyd 


Rauch 


Finance 


Chris Gallagher 


Rand 


Law Enforcement & Crime Control 


Carolyn Gooden 


Swain 


Special Ways & Means 
Appropriations on Justice & 
Public Safety 


Joan Hardison 


Ward 


Appropriations on Education 


Pamela J. Harris 


Allred 




Melody Hiatt 


Jenkins 


Insurance 


Jane HoUiday 


Harrington 


Ways and Means 


Ruth Holmes 


Lawing 


Rules & Operation of the Senate 


Carolyn Honeycutt 


Walker 


Appropriations on Human Resources 


Sue A. Horton 


Johnson 


Housing 


Pat House 


Alford 


Appropriations on Natural & Economic 
Resources 


Marianne Jacobi 


Tally 


Higher Education 


Susan Jarrell 

■ 


Davis 




^ Ellen Johns 


Hardison 


Appropriations 


Brenda Johnson 


R. Barnes 


Veterans & Military Affairs 


Betty Lee 


Childers 


Manufacturing, Labor & Commerce 


Sarah Long 


Redman 




Porchia M. Mays 


Marion 


Local Government & Regional Affairs 


Landon McKinney 


K. Harris 




Martha McLaughlin 


Speed 


Education 


Lynda Milam 


Parnell 


Appropriations on General Government 



200 



SENATE JOURNAL 



[Second Session 



SECRETARIES (continued) 



Name 


Senator 


Clerk of Committee 


Pat Misner 


J. Thomas 


Natural and Economic 
Resources & Wildlife 


Nan D. Moore 


Taylor 


. : , -■', ,;,' 


Beverly Moser 


Hunt 




Sarah Murphy 


White 


Agriculture 


Elaine Myers 


Plyler 


Pensions & Retirement 


Loraine Newsome 


Royall 


Coordinator of Committees 


Phyllis Porter 


Kincaid 




Janet Pruitt 


0. Harris 


Human Resources 


Nancy Pulley 


Guy 


Pubhc Utilities & Energy 


Janet Puryear 


Soles 


Judiciary H 


Sue Robertson 


Duncan 


Finance 


Hellon Senter 






Bettie Simpkins 


Hancock 


State Government 


Ellen P. Stainback 


E. Edwards 


Base Budget 


Patricia Teston 


J. Edwards 


Banking 


Lois Tyree 


Ballenger 




Alice L. Wall 


Warren 


Transportation 


Nancy Wilson 


Gray 


Senior Citizens Affairs 


Sandra Wood 


Hipps 


Local Government & Regional Affairs 


Cynthia Woodall 






Betty Yelton 


Woodard 


Election Laws 



1984] SENATE JOURNAL 201 

APPOINTMENTS 

SHARED BY 

THE LIEUTENANT GOVERNOR 

AND 

THE SPEAKER OF THE HOUSE OF REPRESENTATIVES 

The following appointments to Boards, Commissions and Committees were made 
during 1983 and 1984 by the President of the Senate, the Honorable James C. Green, 
Lieutenant Governor, and the Honorable Liston B. Ramsey, Speaker of the House of 
Representatives. 

Chapters 886 and 911 of the Regular Session, Chapters 1 and 2 of the Extra Session and 
Chapters 1034, 1092, and 1116 of the Second Session, 1983 Session Laws were enacted in 
compliance with G. S. 120-121 which outlines the procedure for legislative appointments. 

Appointed Expires 

ADMINISTRATIVE PROCEDURES ACT, STUDY COMMISSION 

(Res. 51, 1983 Session Laws) 

By Lieutenant Governor: 9/2/83 

Senator Cecil R. Jenkins, Jr. (Co-Chairman) 

Senator OUie Harris 

Senator Charles W. Hipps 

Senator Robert M. Davis, Sr. 

Senator R. C. Soles, Jr. 

Senator Anthony E. Rand 

Senator Robert S. Swain 
By Speaker: 9/15/83 

Rep. William T. Watkins (Co-Chairman) 

Rep. Allen Adams 

Rep. Sam Beam 

Rep. Hugh A. Lee 

Rep. George Miller, Jr. 

Rep. Harry Payne, Jr. 

Rep. Robert L. Slaughter 

ADMINISTRATIVE RULES REVIEW COMMISSION, GOVERNOR'S 

(G. S. 120-30.26) (Term — two years) 

By Lieutenant Governor: 8/26/83 

Mr. William Arthur Barnes, Jr.* 
Mr. Jimmy L. Love* 
Mr. Wade M. Smith* 

By Speaker: 11/1/83 10/31/85 

Ms. Catherine Biggs Arrowood* 
Mr. Howard Twiggs* 
Mr. George A. Hux* 



*Citizen Appointee 



202 SENATE JOURNAL [Second Session 

Appointed Expires 

ADVISORY BUDGET COMMISSION 

(G. S. 143-4) (Term — two years) 

By Lieutenant Governor: .....' i' 1/12/83 1/15/85 

Senator Melvin R. Daniels, Jr. 

Senator Conrad R. Duncan, Jr. 

Senator Harold W. Hardison -.;..- 

Senator Kenneth C. Royall, Jr. 

Senator Benjamin T. Tison 3/14/83 ■• 

By Speaker: 1/15/85 ' ' ■' 

Rep. Al Adams 1/13/83 ■ 

Rep. Jo Graham Foster 3/4/83 

Rep. Dwight Quinn 3/4/83 

Rep. Jeff H. Enloe, Jr 1/13/83 . ^ , 

Rep. Luther R. Jeralds 3/4/83 

AGING, GOVERNOR'S ADVISORY COUNCIL 

(G. S. 143B-181) (Term — four years) 

By Lieutenant Governor: ■ ^ 

Mr. James H. McCombs* 7/20/82 6/30/86 

Mrs. Maude Morrow* 8/26/83 6/30/87 

By Speaker: 

Mrs. Jaunita Dixon* 7/6/82 6/30/86 

Mr. Albert Jennings Martin* 7/23/84 6/30/88 

AGRICULTURAL FACILITIES FINANCE AGENCY, N.C. 

(Chapters 789 and 1070, 1983 Session Laws) 
By Lieutenant Governor: 

(Not appointed at time of printing) 
By Speaker: 7/10/84 5/21/85 

Mr. Mack Reid Hudson* 

ALARM SYSTEMS LICENSING BOARD r 

(G. S. 74D-4) (Term — three years) 

By Lieutenant Governor: 9/22/83 9/30/86 

Mr. Ralph C. Brown* 
By Speaker: 10/1/83 9/30/86 

Mr. W. Carson Ellis* 

AGRICULTURE, FORESTRY, AND SEAFOOD AWARENESS, 
STUDY COMMISSION 

(Ch. 915, 1983 Session Laws) (Report date 3/1/85) 

By Lieutenant Governor: 9/26/83 

Senator Vernon E. White (Co-Chairman) 

Mr. Thomas C. Ellis* 

Mr. Harry Glenn Jarvis* '■ - 

Mr. Edwin W. Woodhouse* 
By Speaker: 8/12/83 

Rep. Vernon James (Co-Chairman) 

Rep. Jeff H. Enloe, Jr. 

Rep. Edith Lutz 

Rep. George S. Robinson 

*Citizen Appointee , -• ;< ;: ,v. .j^ 



1984] SENATE JOURNAL 203 

Appointed Expires 

AMERICA'S FOUR HUNDREDTH ANNIVERSARY COMMITTEE 

(Res. 35, 1983 Session Laws) 

By Lieutenant Governor: 4/6/84 

Senator Melvin R. Daniels, Jr. 

Senator Wanda H. Hunt 

Senator Helen Rhyne Marvin 
By Speaker: 4/11/84 

Rep. Charles D. Evans (Chairman) 

Rep. C. B. Hauser 

Rep. Margaret B. Hayden 

Rep. Margaret Tennille 

Rep. Betty Dorton Thomas 

ARCHEOLOGICAL ADVISORY COMMITTEE 

(G. S. 143B-66) (Term — four years) 

By Lieutenant Governor: 10/6/81 10/5/85 

Senator Rachel G. Gray 

By Speaker: 8/9/83 6/30/87 

Rep. Bertha M. Holt 

ART, N.C. MUSEUM OF, BOARD OF TRUSTEES 

(G. S. 140-5. 13(b)(5)) (Term — two years) 
By Lieutenant Governor: 

Mr. W. D. Stedman* 7/22/83 6/30/85 

By Speaker: 

Mrs. Mariam Cannon Hayes* 7/10/84 6/30/85 

ART IN STATE BUILDINGS 

(G. S. 143-408.4) (Term — two years) 

By Lieutenant Governor: 7/22/83 6/30/85 

Mrs. Rosemond Tipton* 
By Speaker: 7/27/83 6/30/85 

Douglas C. Forrest* 

BANKING COMMISSION, STATE 

(G. S. 53-92) (Term — four years) 

By Lieutenant Governor: 7/22/83 4/1/87 

Mr. Joseph L Marshall* 
By Speaker: 7/27/83 4/1/87 

Mr. Robert H. Gage* 

BLIND, CONSUMER AND ADVOCACY 
ADVISORY COMMITTEE FOR THE 

(G. S. 143B-164) (Term — two years) 

By Lieutenant Governor: 

(Not appointed at time of printing) 
By Speaker: 8/10/83 6/30/85 

Rep. Jeanne Fenner 



*Citizen Appointee 



204 SENATE JOURNAL [Second Session 

Appointed Expires 
CAPITAL BUILDING AUTHORITY 

(G. S. 129-40) (Term — two years) 

By Lieutenant Governor: 7/22/83 6/30/85 

Theodore P. Nordman* 

Frank A. Ward* 
By Speaker: 7/27/83 6/30/85 

Charles Hubbard* 

Jimmy L. Moore* 

CAPITAL PLANNING COMMISSION 

(G. S. 143B-374) (Term — coincides with legislative office) 
By Lieutenant Governor: 9/1/83 

Senator James D. Speed 

Senator William W. Staton 

Senator Robert D. Warren 

Senator Wilma C. Woodard 
By Speaker: 1/10/83 12/31/84 

Rep. Marvin D. Musselwhite 

Rep. Henry M. Tyson 

Rep. Allen Adams - 

Rep. Margaret Stamey 

CEMETERIES, ADVISORY COMMITTEE ON ABANDONED 

(G.S. 143B-128) (Term — four years) 

Lieutenant Governor: 1/19/82 6/30/85 

Mr. James M. Campbell* 
By Speaker: 9/15/83 6/30/87 

Rep. Gordon H. Greenwood 

CHILD DAY-CARE LICENSING COMMISSION 

(G. S. 143B-376) (Term — three years) " 

Lieutenant Governor: 2/2/82 12/31/84 

Mrs. Rachel Frazier* 

Mrs. Agnes Love* 
By Speaker: 12/16/81 12/31/84 

Mrs. Lois Queen* . . 

Mrs. Pamela Jordan Uzzle* 

CHILD AND FAMILY SERVICE INTERAGENCY COMMITTEE 

(G. S. 143B-426.3) (Term — two years) 

By Lieutenant Governor: 10/4/83 1/31/85 

Senator Helen Rhyne Marvin 
By Speaker: 9/23/83 2/1/85 

Rep. Louise Brennan ,- 

CHILDREN AND YOUTH, GOVERNOR'S ADVOCACY COUNCIL ON 

(G. S. 143B-415) (Term — four years) ' ' ' ' 

By Lieutenant Governor: 

Senator Helen Rhyne Marvin 8/12/81 6/30/85 

Senator Lura S. Tally 2/21/83 6/30/85 

By Speaker: 8/10/83 6/30/85 

Rep. Tom C. Womble 

Rep. Walter B. Jones 

*Citizen Appointee ■.■^r<^^..qc.r 'T*i;'r'/ 



1984] SENATE JOURNAL 

Appointed Expires 

CHILDREN WITH SPECIAL NEEDS, COMMISSION ON 

(G. S. 120-58) (Term — two years) 

By Lieutenant Governor: 9/13/83 

Senator William G. Hancock, Jr. 

Dr. Robert G. Jeffers* 

Senator Marvin Ward 

Senator Russell Walker 
By Speaker: 8/23/83 

Rep. Jeanne Fenner 

Rep. Margaret B. Hayden 

Rep. Vernon G. James 

Mr. Cornelius Hunt* 

CHIROPRACTIC EXAMINERS, STATE BOARD OF 

(G. S. 90-139 (b)) 

By Lieutenant Governor: (Term — three years) 

Dr. Fletcher Keith* 6/30/82 6/30/85 

By Speaker: (Term — two years) 

Dr. G. Kenneth Miller* 7/27/83 6/30/85 

CODE OFFICIALS QUALIFICATION BOARD, NORTH CAROLINA 

(G. S. 143-151.9) (Term — four years) 

By Lieutenant Governor: 

Mr. John A. Parham* 7/1/84 6/30/88 

Mr. W. Tompson Cox, P.E.* 9/14/82 7/1/86 

Mr. Schuyler Drake Conklin* 7/7/83 7/1/87 

Mr. Theodore P. Nordman* 9/9/81 7/1/85 

By Speaker: 

Mr. W. P. Watson* 10/6/80 6/30/84 

Mr. Perry Plemmons* 7/30/81 6/30/85 

Mr. Howard Liner* 8/11/81 6/30/85 

Mr. Howard V. Page* 8/10/83 6/30/87 

COURTS COMMISSION, N.C. 

(G. S. 7A-506) (Term — two/four years) 

By Lieutenant Governor: 

Senator Anthony E. Rand 8/31/84 6/30/85 

Mr. Fielding Clark II* 6/30/87 

Mr. E. Lawrence Davis* 7/1/85 

Mr. Earl Parker* 8/31/84 6/30/87 

Senator R. C. Soles, Jr 7/1/85 

Mr. Howard Twiggs* 6/30/87 

By Speaker: 

Hon. David M. Britt* 8/11/83 6/30/85 

Rep. Robert C. Hunter 6/30/87 

Hon. Ralph S. Knott* 6/30/85 

Rep. Hugh A. Lee 6/30/85 

Rep. Marvin D. Musselwhite, Jr 6/30/87 

Rep. Dennis A. Wicker 6/30/87 



205 



'Citizen Appointee 



206 SENATE JOURNAL [Second Session 

Appointed Expires 
CRIME COMMISSION 

(G. S. 143B-478) (Term — two years) 

By Lieutenant Governor: 8/29/83 3/1/85 

Senator Robert Swain 

Senator R. C. Soles, Jr. 
By Speaker: 8/9/83 2/28/85 

Rep. Frank W. Ballance, Jr. 

Rep. Joe Hackney 

CRIMINAL CODE REVISION STUDY COMMISSION 

(Ch. 921, 1983 Session Laws) 

By Lieutenant Governor: 9/12/83 1/1/85 

Senator James H. Edwards (Co-Chairman) 

Senator William N. Martin * ' 

Senator Anthony E. Rand 

Senator Dennis J. Winner 

Mr. Fred J. Williams* 

Mr. H. W. Zimmerman* ' 

By Speaker: 8/22/83 1/1/85 

Rep. Dan Blue (Co-Chairman) 

Rep. Timothy H. McDowell 

Rep. Joseph B. Roberts III 

Rep. Robert L. Slaughter 

Dr. Leon H. Corbett* .,j^ 

Mr. Steve Martin* 

CRIMINAL JUSTICE EDUCATION AND TRAINING STANDARDS COMMISSION 

(G. S. 17C-3) (Term — two years) 

By Lieutenant Governor: 7/22/83 6/30/85 

Mr. David K. Clark* 
By Speaker: 7/27/83 6/30/85 

Mr. Sankey Wright Robinson* 

CRIMINAL JUSTICE INFORMATION SYSTEM AND COMPUTERIZED 
RECORDS STUDY 

(Ch. 825, 1983 Session Laws) (Report Date 2/5/85) . 

Lieutenant Governor: 9/30/83 

Ms. Christine W. WilHams* (Co-Chairman) 

Senator James H. Edwards •! 

Mr. Edward W. Grannis, Jr.* ' 

Senator William G. Hancock, Jr. 

Mr. Frederick K. Heineman* 

Mr. Joel E. Lawhon* 

By Speaker: 8/22/83 

Rep. George Miller, Jr. (Co-Chairman) i 

Rep. Marie Colton , ' 

Rep. Howard Coble . . * ' 

Mr. J. Michael Carpenter* .'' , ,, , >>:. 

Mr. Buddy R. McKinney* 
Mr. Frank Watson, Jr.* 



*Citizen Appointee 



1984] , SENATE JOURNAL 207 

Appointed Expires 

DISABILITIES, GOVERNOR'S ADVOCACY COUNCIL FOR PERSONS WITH 

(G. S. 143B-403.2) (Term — two years) 
By Lieutenant Governor: 

Mr. Robert A. Bryan, Jr.* 9/13/83 7/1/85 

By Speaker: 

Mrs. Pat Lloyd* 7/27/83 6/30/85 

DISABILITY REVIEW COMMISSION 

(Ch. 880, 1983 Session Laws) (Report Date 4/30/84) 

By Lieutenant Governor: 8/4/83 

Senator Ollie Harris 

Senator Russell Walker 
By Speaker: 9/1/83 

Rep. John W. Varner 

Rep. C. R. Edwards 

DISCIPLINARY HEARING COMMISSION OF N.C. STATE BAR 

(G. S. 84-28.1) (Term — three years) 

By Lieutenant Governor: 9/28/83 6/30/86 

Mr. Joe Henderson* 
By Speaker: 7/20/82 6/30/85 

Mr. John W. Beach* 

ECKERD WILDERNESS EDUCATIONAL SYSTEM OF NC BOARD OF 

(By-laws of EWES of NC) 

By Lieutenant Governor: 

Mr. Enoch M. "Eddie" Turnage* 8/29/83 6/30/85 

Senator Kenneth C. Royall, Jr 7/23/81 6/30/84 

By Speaker: 

Rep. Louise Brennan 7/7/82 6/30/85 

Rep. J. Paul Tyndall 7/19/84 6/30/87 

ECONOMIC DEVELOPMENT BOARD 

(G. S. 143B-434) (Term — coincides with legislative office) 
By Lieutenant Governor: 

(No Designee) 
By Speaker: 

Mr. C. Randall Rabon* (Designee) 3/22/83 12/31/84 

EDUCATION COMMISSION OF THE STATES 

(G. S. 115C-104) (Term — as Legislature determines) 
(Not appointed at time of printing) 

EDUCATION COUNCIL, NORTH CAROLINA 

(G. S. 115C-105) 

By Lieutenant Governor 7/22/81 

Senator James D. Speed 

By Speaker: 8/10/83 6/30/85 

Rep. Jo Graham Foster 



*Citizen Appointee 



208 SENATE JOURNAL [Second Session 

Appointed Expires 

EMERGENCY MEDICAL SERVICES ADVISORY COUNCIL 

(G. S. 143-510) (Term — coincides with Legislative office) 
By Lieutenant Governor: 

(Not appointed at time of printing) 
By Speaker: 8/10/83 12/31/84 '^ 

Rep. R. D. Beard 

Rep. Charles M. Beall i a ^ '^' 

EMPLOYEE HOSPITAL AND MEDICAL BENEFITS COMMITTEE 

(G. S. 135-38, Ch. 452, 1983 Session Laws) (Term — two years) 

By Lieutenant Governor: 

Senator W. Craig Lawing, President Pro Tempore 
Senator Kenneth C. Royall, Jr., Majority Leader 
Senator Harold W. Hardison, Chairman — Appropriations 
Co-Chairman — Base Budget, Finance 
(One additional Senator by President) 

By Speaker: ; * 

Rep. Allen C. Barbee, Speaker Pro Tempore 
Rep. Allen Adams, Chairman — Appropriations/Base Budget 
Rep. William T. Watkins, Chairman — Appropriations/Expansion 
Rep. Dwight W, Quinn, Chairman — Finance 

Rep. George W. Miller, Jr 9/20/83 6/30/85 

Rep. Timothy H. McDowell 

ENERGY POLICY COUNCIL, NORTH CAROLINA 

(G. S. 113B-3) (Term — two years) 

By Lieutenant Governor: 9/13/83 1/31/85 

Senator Henson P. Barnes 

Senator A. D. Guy 
By Speaker: 8/10/83 1/31/85 

Rep. Joe Hackney 

Rep. Sidney A. Locks 

ENVIRONMENTAL MANAGEMENT COMMISSION 

(G. S. 143B-283) (Term — two years) 

Lieutenant Governor: 7/22/83 6/30/85 

Mr. Larry Fitzpatrick* 

Mr. Alton G. Elmore* 
By Speaker: 7/27/83 6/30/85 

Mr. Charles Pinkey Francis* 

Dr. Garrett A. Smathers* 



'Citizen Appointee 



1984] SENATE JOURNAL 209 

Appointed Expires 

ETHICS, LEGISLATIVE COMMITTEE 

(G. S. 120-99) (Term — coincides with legislative term) 

By Lieutenant Governor: 1/20/83 

Senator Marshall Ranch 
(Chairman) (Term — one year) 

Senator Julian R. Allsbrook 

Senator Donald R. Kincaid 

Senator William W. Redman, Jr. 

Senator R. P. Thomas 
By Speaker: 1/27/83 12/31/84 

Rep. Margaret P. Keesee-Forrester 

Rep. Ruth M. Easterling 

Rep. George M. Holmes 

Rep. Charles D. Evans 

EXCEPTIONAL CHILDREN, COUNCIL ON EDUCATIONAL SERVICES FOR 

(G. S. 115C-121) (Term — two years) 

By Lieutenant Governor: 10/3/83 6/30/84 

Senator Helen Rhyne Marvin 

Senator Lura Tally 
By Speaker: 8/11/83 6/30/85 

Rep. Ed N. Warren 

Rep. C. B, Hauser 

FARM OPERATIONS COMMISSION, STATE 

(G. S. 106-26.13) (Term — two years) 

By Lieutenant Governor: 7/22/83 6/30/85 

Robert Z. Falls* 
By Speaker: 7/27/83 6/30/85 

Clifton H. Moore* 

FARMWORKERS COUNCIL, N.C. 

(G. S. 143B-426.30) (Term — coincides with legislative term) 
By Lieutenant Governor: 10/3/83 

Mr. Edward D. Bissette* 

Mr. Walter Cannady* 
By Speaker: 8/11/83 

Rep. Malcolm Fulcher 

Rep. Henry M. Tyson 

FIRE COMMISSION, STATE 

(G. S. 143B-481) (Term — two years) 

By Lieutenant Governor: 7/22/83 6/30/85 

Henry L. Bridges* 
By Speaker: 7/27/83 6/30/85 

Mr. Ernest Leroy Caraway* 



''Citizen Appointee 



210 SENATE JOURNAL [Second Session 

Appointed Expires 

FIRE SERVICE TRAINING PROGRAMS, SPECIAL LEGISLATIVE 
COMMITTEE TO STUDY 

(Ch. 761, Sec. 20, 1983 Session Laws) 

By Lieutenant Governor: 9/21/83 12/31/84 

Dr. John L. Tart* (Co-Chairman) , , - 

Mr. Carroll Hemphill* ^ a- •; 

Mr. H. T. Taylor* ? ; 

Mr. Gary Carter* 
By Speaker: 8/11/83 12/31/84 

Rep. John Gillam III (Co-Chairman) 

Rep. Edward C. Bowen 

Rep. Daniel H. DeVane 

Rep. Ray Fletcher 

GENERAL STATUTES COMMISSION 

(G. S. 164-14) (Term — two years) 

By Lieutenant Governor: 8/29/83 5/31/85 

Senator Cecil R. Jenkins, Jr. 
By Speaker: 6/1/83 5/31/85 

Rep. Wm. E. Clark 

HAZARDOUS WASTE STUDY COMMISSION OF 1983 

(Ch. 926, 1983 Session Laws) (Report due 5/1/84) 

By Lieutenant Governor: 8/3/83 

Senator Joseph E. Thomas (Co-Chairman) 

Senator Aaron W. Plyler 

Senator Robert S. Swain 

Dr. Theodore R. Rice* 

Mr. Truman L. Koehler, Jr.* 
By Speaker: 8/24/83 

Rep. Martin Nesbitt (Co-Chairman) .:,.., 

Rep. Wendell H. Murphy • i w 

Rep. Paul Pulley, Jr. ' " ' 

Mr. William E. Holman* 

Mr. J. Patrick Price* -^ 

HEARING IMPAIRED, NORTH CAROLINA COUNCIL FOR THE 

(G. S. 143B-214) (Term — two years) 

By Lieutenant Governor: 8/29/83 7/1/85 

Senator William G. Hancock, Jr. 
By Speaker: 

Rep. Jeanne Fenner 8/9/83 6/30/85 



'Citizen Appointee 



1984] SENATE JOURNAL 211 

Appointed Expires 

HOUSING FINANCE AGENCY, BOARD OF DIRECTORS 

(G. S. 122A-4) (Term — two years) 
By Lieutenant Governor: 

Mr. William Earl Antone* 7/22/83 6/30/85 

Mr. Ernest E. Ford* 

Mr. George Hayworth* 

Mr. Mark E. Tipton* 6/24/82 

By Speaker: 

Mr. Michael E. Ferguson* 7/27/83 6/30/85 

Mrs. Mickey Hanula* 

Mr. A. Bruce Levin* 

Mr. William W. Wittington* 

HOUSING COMMISSION, N.C. 

(G. S. 147-33.11) (Term — three years) 

By Lieutenant Governor: 

Mr. Joe E. Harris, Sr.* 7/22/83 6/30/86 

Mr. Donnie Wayne Brewer* 7/22/83 6/30/85 

Mr. Lawrence Ed Tipton* 7/22/83 6/30/86 

By Speaker: 

Mr. Michael E. Ferguson* 7/27/83 6/30/86 

Mrs. Mickey Hanula* 7/27/83 6/30/85 

Mr. Jim Moore* 7/27/83 6/30/86 

HUMAN RELATIONS COUNCIL 

(G. S. 143B-392) (Term — four years) 

By Lieutenant Governor: 9/13/83 6/30/86 

Dr. William M. Bell* 

Rev. Sadye Milton* 
By Speaker: 8/10/83 6/30/86 

Rep. Annie B. Kennedy 

Rep. Mary L. Jarrell 

HUMAN TISSUE ADVISORY COUNCIL 

(G. S. 130A-414) (Term — three years) 
By Lieutenant Governor: 

(Not appointed at time of printing) 
By Speaker: 8/9/83 

Mr. W. T. Grimsley* 

INCENTIVE PAY FOR STATE EMPLOYEES, 
COMMITTEE FOR REVIEW OF APPLICATIONS 

(G. S. 126-64) (Term — none specified) 

By Lieutenant Governor: 8/6/79 7/1/84 

Mr. W. R. Helms* 
By Speaker: 7/1/82 6/30/84 

Mr. George T. Rogister, Jr.* 



* Citizen Appointee 



212 SENATE JOURNAL [Second Session 

Appointed Expires 

INDIAN AFFAIRS, NC COMMISSION OF 

(G. S. 143B-407) (Term — two years) 

By Lieutenant Governor: 7/22/83 6/30/85 

Donald W. Bullard* 
By Speaker: 7/27/83 6/30/85 

Mr. Arnold Locklear* 

INSURANCE COMMISSION, PUBLIC OFFICERS AND EMPLOYEE LIABILITY 

(G. S. 143B-422) 

By Lieutenant Governor: (Term — four years) . . . 7/22/83 6/30/87 

Mr. Charles R. Vance, Jr.* 
By Speaker: (Term — two years) 7/27/83 6/30/85 

Mr. Ray P. Rouse* 

INTERNSHIP COUNCIL, NORTH CAROLINA , 

(G. S. 143B-418) (Term — set by appointive authority) , • ; . 

By Lieutenant Governor: 9/24/79 

Mrs. Katherine McRacken* 
By Speaker: 8/9/83 6/30/85 

Mr. George Peery* a 

INTERSTATE COOPERATION, COUNCIL ON 

(G. S. 143B-380(2)) (Term — two years) 

By Lieutenant Governor: 8/29/83 6/30/85 

Senator Harold W. Hardison * 

Senator Kenneth C. Royall, Jr. , ; 

Senator R. P. Thomas 
By Speaker: 9/14/83 6/30/85 

Rep. Peggy Stamey (designee) 

Rep. Frank W. Ballance 

Rep. Ray Sparrow ; 

Rep. Charles Woodard ;, * 

JUVENILE LAW STUDY COMMISSION 

(G. S. 7A-740) (Term — two and four years) 

By Lieutenant Governor: 

Rev. Joseph C. Brown* 6/26/84 6/30/86 

Mr. Charles B. Casper* 6/26/84 6/30/88 

By Speaker: 

Rep. Anne C. Barnes 7/26/84 6/30/86 

Rep. Charles D. Evans 7/26/84 6/30/88 

LAND CONSERVANCY CORPORATION, 
BOARD OF TRUSTEES, NORTH CAROLINA 

(G. S. 113A-137) (Term — two years) 

By Lieutenant Governor: 7/22/83 6/30/85 

Mrs. Wanda J. Proffitt* 

Mr. Tom EUis* 
By Speaker: 

(Not appointed at time of printing) 



^Citizen Appomtee 



1984] > SENATE JOURNAL 213 

Appointed Expires 

LAW ENFORCEMENT OFFICERS' BENEFIT AND RETIREMENT FUND, 
BOARD OF COMMISSIONERS 

(G. S. 143-166(b) (5)) (Term — two years) 

By Lieutenant Governor: 7/22/83 6/30/85 

Mr. David T. Helberg* 
By Speaker: 7/27/83 6/30/85 

Mr. Theo H. Pitt, Jr.* 

LOCAL GOVERNMENT ADVOCACY COUNCIL 

(G. S. 143-506.14) (Term — two years) 

By Lieutenant Governor: 4/23/84 1/15/85 

Senator James D. Speed 

Senator Robert D. Warren 
By Speaker: 8/9/83 1/15/85 

Rep. Charles M. Beall 

Rep. Charles D. Owens 

LOCAL GOVERNMENT COMMISSION 

(G. S. 159-3) (Term — four years) 

By Lieutenant Governor: 7/22/81 6/30/85 

Mr. Kitchen Josey* 
By Speaker: 7/30/81 6/30/85 

Mr. William G. Stamey* 

LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT COMPACT 
COMMISSION, ADVISORY COMMITTEE 

(Ch. 714, 1983 Session Laws) 
By Lieutenant Governor: 

(Not appointed at time of printing) 
By Speaker: 8/24/83 7/15/85 

Rep. N. Jim Crawford 

Rep. WiUiam E. Clark 

MENTAL HEALTH, MENTAL RETARDATION, AND SUBSTANCE ABUSE 
SERVICES, COMMISSION 

(G. S. 143B-148) (Term — two years) 

By Lieutenant Governor: 7/22/83 6/30/85 

Ms. Jeanie Renegar* 

Mr. Carlos L. Young* 
By Speaker: 7/27/83 6/30/85 

Mr. Ben W. Aiken* 

Rev. J. Murphy Smith* 



^Citizen Appointee 



214 



SENATE JOURNAL 



[Second Session 



Appointed Expires 

MENTAL HEALTH STUDY COMMISSION 

(Resolution 80, 1973 Session Laws, extended by Ch. 268, 1983 Session Laws) 
(Term — terminates July 1, 1985) 

By Lieutenant Governor: 9/9/83 

Senator Lura S. Tally 6/29/84 

Senator OUie Harris 

Senator Harold W. Hardison 

Mr. JohnT. Henley* ' 

Mr. Benjamin D. Schwartz* 
By Speaker: 8/9/83 

Rep. Chris S. Barker, Jr. 

Rep. C. B. Hauser r 

Rep. Gus N. Economos , , " , 

Rep. R. D. Beard 

Rep. Edith L. Lutz . ' , \ 

MILK COMMISSION, NORTH CAROLINA 

(G. S. 106-266.7) . i 

By Lieutenant Governor: (Term — four years) 

Mr. David A. Smith* 7/22/83 6/30/86 

Dr. Vila Rosenfeld* 7/22/83 6/30/87 

By Speaker: (Term — two years) 

Mr. Russell Davenport* 7/27/83 6/30/85 

Mrs. Kathryn G. Kirkpatrick* 7/10/84 6/30/86 

MOTOR VEHICLE DEALERS ADVISORY BOARD, NC 

(G. S. 20-305.4) (Term — three years) 

By Lieutenant Governor: 

Mr. Frank R. Anderson, Jr.* 6/26/84 6/30/87 

Mr. Royster Baker* 6/26/84 6/30/85 

Mr. George Kapp* 6/26/84 6/30/86 

By Speaker: 

Mr. Dan Allison, Jr.* 7/6/82 6/30/85 

Rep. R. J. Childress 8/9/83 6/30/86 

Mr. Bruce K. Murray* 7/23/84 6/30/87 

NEW OCCUPATIONAL AND PROFESSIONAL LICENSING BOARDS 

(Ch. 1089, 1983 Session Laws) 

By Lieutenant Governor: ^ 

(Not appointed at time of printing) 
By Speaker: 8/1/84 1/1/87 

Rep. R. Don Beard 

Rep. J. Worth Gentry 

Rep. Joe R. Hudson 

Rep. Charles D. Owens 



'Citizen Appointee 



1984] SENATE JOURNAL 215 

Appointed Expires 

PAY EQUITY ADVISORY COMMITTEE 

(Ch. 1034, 1983 Session Laws) 

By Lieutenant Governor: 6/11/84 6/1/86 

Senator Wilma Woodard (Co-Chairman) 

Senator James H. Edwards 

Senator A. D. Guy 

Senator Charles W. Hipps 

Senator William N. Martin 

Senator William W. Redman, Jr. 

Senator Kenneth C. Royall, Jr. 
By Speaker: 7/25/84 6/1/86 

Rep. Richard Wright (Co-Chairman) 

Rep. Anne Barnes 

Rep. Louise S. Brennan 

Rep. David W. Bumgardner, Jr. 

Rep. Annie Brown Kennedy 

Rep. Martin Lancaster 

Rep. W. Paul Pulley, Jr. 

PHYSICAL FITNESS AND HEALTH, GOVERNOR'S COUNCIL ON 

(G. S. 143B-216.9) (Term — two years) 

By Lieutenant Governor: 

(Not appointed at time of printing) 
By Speaker: 8/9/83 6/30/85 

Rep. Phillip 0. Berry 

PHYSICAL THERAPY EXAMINERS, NORTH CAROLINA BOARD 

(G. S. 90-270.25) (Term — three years) 

By Lieutenant Governor: 1/21/82 12/31/84 

Miss Gloria Sanders* 
By Speaker: 12/17/82 12/31/84 

Mrs. Maria Little* 

PORTS AUTHORITY, STATE 

(G. S. 143B-452) (Term — two years) 

By Lieutenant Governor: 7/22/83 6/30/85 

Mr. Clarence B. Beasley* 

Mr. Sneed High* 
By Speaker: 7/27/83 6/30/85 

Mr. Lewis Morris Fetterman* 

Mr. Frank B. Holding* 



*Citizen Appointee 



216 



SENATE JOURNAL 



[Second Session 



Appointed Expires 

PRIVATE PROTECTIVE SERVICES BOARD 

(See also Appointment of President Pro Tempore) " ''" 

(G. S. 74C-4(b)) (Term — three years) 
By Lieutenant Governor: 

Mr. James Lester Rhew* 7/22/83 6/30/87 

Mr. Seth Thomas Walton* 7/22/83 6/30/87 

By Speaker: 

Mr. Julius Rowan Cauble* 7/27/83 6/30/86 

Mr. Paul Davis* 7/27/83 6/30/85 

Mr. Bob R. Moye* 7/10/84 6/30/87 

PROPERTY TAX COMMISSION 

(G. S. 143B-223) 

By Lieutenant Governor: (Term — four years) 

Mr. James C. Spencer* 7/22/83 6/30/87 

By Speaker: (Term — two years) 

Mr. Clarence Leatherman* 7/27/83 6/30/85 

PUBLIC EDUCATION POLICY COUNCIL 

(Ch. 860, 1983 Session Laws) (Report due 12/1/84) 

By Lieutenant Governor: 4/24/84 

Mr. David T. Helberg (Designee) = , 

(Speaker's appointments listed with President Pro Tempore) 

PUBLIC EMPLOYEE DEFERRED COMPENSATION PLAN, N.C., 
BOARD OF TRUSTEES 

(G. S. 143B-426. 31) (Term — two years) ' . -, , 

By Lieutenant Governor: 7/1/84 6/30/85 

Mr. William S. Mason* 
By Speaker: 7/27/83 6/30/85 

Mr. Adam Barlett, Jr.* 

PUBLIC TELECOMMUNICATIONS COMMISSIONERS, BOARD OF 

(G. S. 143B-426.9 (4)) (Term — two years) 

By Lieutenant Governor: 7/22/83 6/30/85 

Mr. Louis Comer* 

Miss Joanne Brannon Aldridge* 
By Speaker: 7/27/83 6/30/85 

Mr. Robert L. Martin* 

Mr. Edwin C. Rankin* 

PUBLIC TELEVISION, BOARD OF TRUSTEES UNC CENTER FOR 

(G. S. 116-37.1) (Term — two years) 

By Lieutenant Governor: 7/22/83 6/30/85 

Mrs. Alice Wynne Gatsis* 
By Speaker: 8/29/83 6/30/85 

Mrs. Helen Little* 



Vri 



'Citizen Appointee 



1984] ^ SENATE JOURNAL 217 

Appointed Expires 

SCHOOL HEALTH ADVISORY COMMITTEE, STATE 

(G.S. 115C-81(e) (6) (c) (Term — three years) 
By Lieutenant Governor: 

(Not appointed at time of printing) 
By Speaker: 7/26/84 6/30/87 

Rep. Aaron E. Fussell 

SCIENCE AND MATHEMATICS, BOARD OF TRUSTEES, NORTH CAROLINA 
SCHOOL OF 

(G. S. 115C-223) 

By Lieutenant Governor: (Term — four years) 

Dr. N. Andrew Miller* 7/22/83 6/30/87 

Miss Joanne Brannon Aldridge* 8/26/83 6/30/87 

By Speaker: (Term — two years) 

Dr. David Wyatt* 7/27/83 6/30/85 

Mr. James H. Randolph III* 7/27/83 6/30/85 

SCIENCE AND TECHNOLOGY, NORTH CAROLINA BOARD OF 

(G. S. 143B-441) (Term — two years) 

By Lieutenant Governor: 7/22/83 6/30/85 

Mr. Wilham F. Troxler* 
By Speaker: 7/27/83 6/30/85 

Mrs. Helen Roach* 

SEAFOOD INDUSTRIAL PARK AUTHORITY, NORTH CAROLINA 

(G. S. 113-315.25) (Term — two years) 

By Lieutenant Governor: 7/22/83 6/30/85 

Mr. Gerald Wain Gaskill* 
By Speaker: 7/27/83 6/30/85 

Mr. Stanley Chris Payne* 

SHERIFFS' EDUCATION AND TRAINING STANDARDS COMMISSION, N.C. 

(G. S. 17E-3) (Term — two years) 

By Lieutenant Governor: 9/1/83 9/1/85 

Mr. Raymond W. Goodman* 
By Speaker: 9/1/83 8/31/85 

Mr. E. Y. Ponder* 



* Citizen Appointee 



218 SENATE JOURNAL [Second Session 

Appointed Expires 

SMALL BUSINESS FINANCE STUDY COMMISSION 

(Ch. 914, 1983 Session Laws) 

By Lieutenant Governor: 9/30/83 

Senator Dallas L. Alford, Jr. (Co-Chairman) 

Senator Jack Childers 

Senator Robert M. Davis Sr. ■ , , 

Senator Aaron W. Plyler 

Senator Robert D. Warren ' 

By Speaker: 9/11/83 

Rep. Martin L. Nesbitt (Co-Chairman) 

Rep. Herman C. Gist ■ ' 

Rep. Bobby R. Etheridge 

Rep. William E. Clark 

Rep. R. J. Childress 

SOUTHERN GROWTH POLICIES BOARD 

(G. S. 143-492) (Term — not specified) 

By Lieutenant Governor: 8/29/83 6/30/85 

Senator R. C. Soles, Jr. ' 

By Speaker: 8/9/83 6/30/85 

Rep. Daniel T. Lilley 

SOUTHERN STATES ENERGY BOARD 

(G. S. 104D-2) (Term — not specified) 

By Lieutenant Governor: 9/6/83 ■ - ' ^ 

Senator A. D. Guy ' 

Senator Melvin R. Daniels, Jr. (Alternate) 
By Speaker: 

Rep. Joe Hackney 8/29/83 

Rep. John M. Jordan (Alternate) 9/13/83 

STATE CONTRACT APPEALS, BOARD OF * 

(G. S. 143-135.6) (Term — two years) 

By Lieutenant Governor: 7/1/84 6/30/86 

Mr. Bill Walker* 
By Speaker: 7/10/84 6/30/86 < 

Mr. Everette Carnes* 

STUDENT LOANS, NEED-BASED, N. C. BOARD OF 

(G. S. 143-47.21) (Term — four years) 

By Lieutenant Governor: 9/28/82 7/1/86 

Mr. Ralph Kimel* 

Mrs. Barbara Jo McGarth* 

Dr. Darrell A. Trull* 

By Speaker: 7/27/83 7/1/86 

Mrs. Lynda Cowan* 
Dr. James Colson* 
Dr. James D. Reid* 



* Citizen Appointee 



1984] , SENATE JOURNAL 219 

Appointed Expires 

TEACHERS' AND STATE EMPLOYEES' 

COMPREHENSIVE MAJOR MEDICAL PLAN, BOARD OF TRUSTEES 

(G. S. 135-39) (Term — two years) 

By Lieutenant Governor: 

Mrs. Estelle C. Lee* 7/1/84 6/30/86 

Mr. H. Lee Curry* 7/22/83 6/30/85 

Mr. DeWitt Sullivan* 7/22/83 6/30/85 

By Speaker: 

Mr. James Donald Tomberlin* 7/10/84 6/30/86 

Mr. Thomas J. Hackney Jr.* 7/27/83 6/30/85 

Mr. John King* 7/27/83 6/30/85 

TEACHERS' AND STATE EMPLOYEES' RETIREMENT SYSTEM, 
BOARD OF TRUSTEES 

(G. S. 135-6 (b) (4)) (Term — two years) 

By Lieutenant Governor: 7/1/84 6/30/85 

Mr. W. Henry Copley* 
By Speaker: 7/27/83 6/30/85 

Mr. Theo H. Pitt, Jr.* 

TECHNOLOGICAL DEVELOPMENT AUTHORITY, NORTH CAROLINA 

(G. S. 143B-471.1) 

By Lieutenant Governor: (Term — four years) . . . 8/26/83 6/30/87 

Mrs. Wilda Hurst* 

Mr. Donavan PhilHps* 
By Speaker: (Term — two years) 8/29/83 6/30/85 

Dr. William T. Byrd* 

Dr. Aaron Hyatt* 

THOMS REHABILITATION HOSPITAL, BOARD OF TRUSTEES 

(Article H, Sec 1 — By-Laws Thoms Rehab. Hospital) (Term — two years) 
By Lieutenant Governor: 8/16/83 1/15/85 

Senator Charles W. Hipps 

Senator Robert S. Swain 
By Speaker: 8/9/83 1/15/85 

Rep. N. J. Crawford 

Rep. Ray C. Fletcher 

TRANSPORTATION, BOARD OF 

(G. S. 143B-350 (d)) (Term — two years) 

By Lieutenant Governor: 7/23/83 6/30/85 

Mr. Frank McCray* 
By Speaker: 7/27/83 6/30/85 

Mr. Robert Z. Falls* 



*Citizen Appointee 



220 SENATE JOURNAL [Second Session 

Appointed Expires 

TRANSPORTATION, JOINT SPECIAL COMMITTEE TO STUDY 
THE DEPARTMENT OF 

(Res. 49, 1983 Session Laws) 

By Lieutenant Governor: 9/14/8e3 

Senator Ollie Harris (Co-Chairman) 

Senator Melvin R. Daniels, Jr. 

Senator Conrad R. Duncan - 

Senator W. Craig Lawing 

Senator David R. Parnell ' 

Senator Robert D. Warren 
By Speaker: 8/22/83 1/1/85 

Rep. Allen C. Barbee (Co-Chairman) 

Rep. Gerald L. Anderson , - j 

Rep. James W. Crawford, Jr. 

Rep. Jeff H. Enloe, Jr. , ' . 

Rep. Joe R. Hudson 

Rep. Dennis A. Wicker 

TRIAD PARK COMMISSION 

(Ch. 1054, 1979 Session Laws) (Terminates 9/1/85) .^^ 

By Lieutenant Governor: 7/16/79 9/1/85 

Mr. Tom C. Ellis* 

By Speaker: 8/22/79 9/1/85 

Rep. Mary Seymour 

UTILITY REVIEW COMMITTEE 

(Resolution 100, 1975 Session Laws and Res. 78, 1979 S. L.) 
(Term — five years) 

By Lieutenant Governor: 3/18/81 6/30/85 _ . 

Senator W. Craig Lawing 

Senator Joseph E. Johnson (Co-Chairman) 

Senator J. J. Harrington 
By Speaker: 9/25/79 6/30/85 

Rep. George W. Miller, Jr. 

Rep. J. P. Huskins (Co-Chairman) 

Rep. Mary Seymour 9/13/83 7/1/85 

VAGABOND SCHOOL OF DRAMA, INC. AND FLATROCK PLAYHOUSE, 
BOARD OF TRUSTEES 

(School By-Laws/Art H, Sec. 1) (Term — two years) 
By Lieutenant Governor: 

Senator Robert S. Swain 1/21/83 

Senator Charles W. Hipps 1/1/83 12/31/84 

By Speaker: 1/20/83 

Rep. Marie Watters Colton 

Rep. Narvel Jim Crawford 



* Citizen Appointee 



1984] SENATE JOURNAL 221 

Appointed Expires 

VETERINARY MEDICAL BOARD, NC 

(G.S. 90-182) (Term — five years) 
By Lieutenant Governor: 

Dr. Ben D. Harrington* 9/25/81 7/1/86 

By Speaker: 

Dr. Joseph Robert Nesbitt* 7/14/82 6/30/87 

VOCATIONAL AND BASIC SKILLS PROGRAM/BD. OF EDUCATION 

(Chapter 340, 1983 Session Lav^s) (Term — not specified) 

By Lieutenant Governor: 5/27/83 

Mr. Samuel S. Smith* 

Dr. Barbara Tapscott* 

Dr. E. V. Wilkins* 
By Speaker: 6/17/83 

Mrs. Shirley J. Babcock* 

Mr. Earl Hooper* 

Ms. Carol A. Lincoln* 

WASTE MANAGEMENT BOARD, GOVERNOR'S 

(G. S. 143B-216.12) (Term — two years) 
By Lieutenant Governor: 

Mr. George Lenward Foxwell* 7/22/83 6/30/85 

By Speaker: 

Mr. William E. Holman* 7/27/83 6/30/85 

WATER POLLUTION PROBLEMS AND WATER RESOURCES NEEDS — 
NEUSE RIVER BASIN WATER QUALITY MANAGEMENT PLAN 

(Ch. 924, 1983 Session Laws) 

By Lieutenant Governor: 9/28/83 

Senator Joseph E. Thomas (Co-Chairman) 

Senator Henson P. Barnes 

Senator Harold W. Hardison 

Mr. Donald N. Cox* 

Mr. Jamie H. King, Jr.* 
By Speaker: 8/29/83 5/1/86 

Rep. Martin Lancaster (Co-Chairman) 

Rep. George Brannan 

Rep. Ray Sparrow 

Mr. Jud Ammons* 

Mr. William Sparrow* 

WILDLIFE RESOURCES COMMISSION 

(G. S. 143-240) (Term — two years) 

By Lieutenant Governor: 7/22/83 6/30/85 

Dr. Richard W. Adams* 

By Speaker: 7/27/83 6/30/85 

Mr. Donald Allen Thompson* 



* Citizen Appointee 



222 SENATE JOURNAL [Second Session 

APPOINTMENTS 

SHARED BY 

THE SENATE PRESIDENT PRO TEMPORE 

AND 

THE SPEAKER OF THE HOUSE OF REPRESENTATIVES 

The following appointments to Boards, Commissions and Committees were made 
during 1983 and 1984 by the Honorable W. Craig Lawing, President Pro Tempore of the 
Senate and by the Honorable Liston B. Ramsey, Speaker of the House of Representa- 
tives. 

Chapters 886 and 911 of the Regular Session, Chapters 1 and 2 of the Extra Session and 
Chapters 1034, 1092, and 1116 of the Second Session, 1983 Session Laws were enacted in 
compliance with G. S. 120-121 which outlines the procedure for legislative appointments. 

Appointed Expires 

CHEROKEE/EASTERN BAND, N.C. ADVISORY COUNCIL ON 

(Ch. 1085, 1983 Session Laws) ' 

By President Pro Tempore: 8/30/84 6/30/86 

Senator R. P. Thomas 
By Speaker: 7/25/84 6/30/86 

Rep. Robert C. Hunter 

GOVERNMENTAL OPERATIONS, JOINT LEGISLATIVE COMMISSION ON 

(G. S. 120-74) (Term — two years) 

By President Pro Tempore: 3/8/83 1/15/85 

Senator W. Craig Lawing (Pro Tempore) ''^' 

Senator Marshall A. Rauch 

Senator Robert S. Swain 

Senator Harold Hardison 

Senator Kenneth C. Royall, Jr. . < ■ 

(Majority Leader) 
Senator Robert B. Jordan III ^ 

By Speaker: 8/5/83 1/15/85 

Rep. Allen C. Barbee (Pro Tempore) 

Rep. Sam Beam 

Rep. Bertha Holt 

Rep. Bob Etheridge 

Rep. Martin L. Nesbitt, Jr. ;^ 

Rep. William T. Watkins ,^ . , 



* Citizen Appointee 



i 



1984] ?v SENATE JOURNAL 223 

Appointed Expires 

LEGISLATIVE RESEARCH COMMISSION 

(G. S. 120-30.11) (Term — expires upon convening of next biennial session) 
By President Pro Tempore: 5/20/83 

Senator William N. Martin 

Senator Helen Rhyne Marvin 

Senator William W. Staton 

Senator Joseph E. Thomas 

Senator Russell Walker 
By Speaker: 8/5/83 

Rep. John T. Church 

Rep. Bruce Ethridge 

Rep. Chris S. Barker, Jr. 

Rep. John J. Hunt 

Rep. Margaret Tennille 

COMMITTEES — of Legislative Research Commission 

Aging, Problems of the 

HJR 533, Res. 86 (1977 Session Laws) 

HJR 68, Res. 62 (1979 Session Laws) 

HJR 1292, Res. 61 (1981 Session Laws) 

HJR 44 and SJR 16, see Ch. 905 (1983 Session Laws) 

By President Pro Tempore: 10/14/83 

Senator Rachel Gray (Co-Chairman) 

Senator Ollie Harris 

Senator Russell Walker 

Senator Marvin Ward 

Dr. Monroe T. Gilmour* 
By Speaker: 10/4/83 

Rep. Gus Economos (Co-Chairman) 

Rep. Sidney A. Locks 

Rep. D. R. Mauney, Jr. 

Rep. Henry M. Tyson 

Rep. Barney P. Woodard 

Air Ambulance System — see page 239 

Animal Shelters and Pounds, Disposition of Animals by 

HJR 1309, see Ch. 905 (1983 Session Laws) 

By President Pro Tempore: 10/24/83 

Senator Vernon E. White (Co-Chairman) 

Senator Wanda H. Hunt 

Senator Wilma C. Woodard 

Dr. James R. Pick* 

Dr. William Pryor* 
By Speaker: 10/4/83 

Rep. Margaret Stamey (Co-Chairman) 

Rep. Austin M. AUran 

Rep. David W. Bumgardner, Jr. 

Rep. Tom Matthews 

Rep. Richard Wright 



*Citizen Appointee 



224 SENATE JOURNAL [Second Session 

Appointed Expires 
COMMITTEES — of Legislative Research Commission 
Banks, Savings and Loans, Credit Unions, 
Regulation and Taxation of 

SJR 381, see Ch. 905 (1983 Session Laws) 

By President Pro Tempore: 10/3/83 

Senator James H. Edwards (Co-Chairman) 

Senator Dallas L, Alford ,,s ,. 

Senator Harold W. Hardison 

Senator Joseph E, Johnson 

Senator Kenneth C. Royall, Jr. 
By Speaker: 10/4/83 

Rep. Edward N. Warren (Co-Chairman) 

Rep. Harold J. Brubaker 

Rep. Charles D. Evans . .; : : 

Rep. John C. Hasty 

Rep. Wendell H. Murphy " ' ^ ' ^" 

Biotechnology Development 

H 1122, Ch. 899 (1983 Session Laws) '' 
HJR 1282, SJR 620, see Ch. 905 (1983 Session Laws) '■ ' 

By President Pro Tempore: 10/5/83 

Senator William G. Hancock, Jr. (Co-Chairman) ' ' '■ — 

Senator Robert M. Davis, Sr. 

Senator Charles W. Hipps ' ' •' « ^ ■■ 

Senator Robert B. Jordan HI ' 

Senator Kenneth C. Royall, Jr. , 

Dr. Wendell Allen* '''■ ' " ^ 

Dr. Roy E. Morse, Sr.* ' '*' '^ 

Mr. William Veeder* 
By Speaker: 10/4/83 ' 

Rep. Bobby R. Etheridge (Co-Chairman) 

Rep. Sam Beam 

Rep. Marie Colton ' 

Rep. John J. Hunt ' ' •' 

Rep. J. P. Huskins -...>,, i 

Mr. CharUe Carpenter* 

Dr. Frank Hart* 

Mr. James E. Gapinski* 11/21/83 



*Citizen Appointee 



1984] SENATE JOURNAL 225 

Appointed Expires 
COMMITTEES — of Legislative Research Commission 
Cafeteria-Style Benefits Program/Teachers and State Employees 

H 738, Ch. 1112 (1983 Session Laws) (Report due 2/15/85) 

By President Pro Tempore: 7/24/84 

Senator Lura Tally (Co-Chairman) 

Senator Melvin R. Daniels, Jr. 

Senator J.J. Harrington 

Senator James D. Speed 

Senator Marvin Ward 
By Speaker: 7/25/84 

Rep. Margaret Hayden (Co-Chairman) 

Rep. Charles Beall 

Rep. Ray C. Fletcher 

Rep. Margaret Stamey 

Rep. William T. Watkins 

Credit Insurance and Interest Rate Study 

H 738, Ch. 1112 (1983 Session Laws) (Report due 2/15/85) 

By President Pro Tempore: 7/24/84 

Senator James H. Edwards (Co-Chairman) 

Senator Cecil R. Jenkins, Jr. 

Senator Donald R. Kincaid 

Senator Robert S. Swain 
By Speaker: 7/25/84 

Rep. Harry E. Payne, Jr. (Co-Chairman) 

Rep. George M. Holmes 

Rep. Robert L. Slaughter 

Rep. Margaret Tennille 

Computer Literacy, Teaching of in Public Schools 

HJR 191, see Ch. 905 (1983 Session Laws) 

By President Pro Tempore: 10/3/83 

Senator Henson P. Barnes (Co-Chairman) 

Senator Robert M. Davis, Sr. 

Senator Charles W. Hipps 

Senator William N. Martin 

Senator Kenneth C. Royall, Jr. 
By Speaker: 10/4/83 

Rep. Bertha M. Holt (Co-Chairman) 

Rep. Phillip 0. Berry 

Rep. Narvel Jim Crawford 

Rep. Jeanne Fenner 

Rep. H. Martin Lancaster 



''Citizen Appointee 



226 SENATE JOURNAL [Second Session 

Appointed Expires 
COMMITTEES — of Legislative Research Commission 

Day Care ^\ ^ .,: : . ,rr. i , /...^■:, ,; >-;... <>:-j«:„ 

HJR 223, see Res. 61 (1981 Session Laws) \^; ,.u ; :, • > 

HJR 594, see Ch. 905 (1983 Session Laws) ', 

By President Pro Tempore: 7/5/84 

Senator Lura Tally (Co-Chairman) , ;.. 

Senator J. J. Harrington 

Mrs. Agnes Love* . 

Mrs. John A. Tate, Jr.* 

Senator Marvin Ward 
By Speaker: 10/4/83 

Rep. Marie W. Colton (Co-Chairman) , ., ; 

Rep. Louise S. Brennan : 

Rep. Walter B. Jones, Jr. 

Rep. Margaret P. Keesee-Forrester 

Rep. Tom C. Womble 

■',)'. ■■'}. 

District Attorneys Standards and Register of Deeds, Office of 

SB 496/HB 1204, see Ch. 905 (1983 Session Laws) 

By President Pro Tempore: 10/4/83 

Senator Charles W. Hipps (Co-Chairman) 

Senator Julian R. Allsbrook 

Senator Harold W. Hardison 

Senator R. C. Soles, Jr. ,_ , , 

Senator Robert S. Swain 
By Speaker: 10/4/83 

Rep. Wendell H. Murphy (Co-Chairman) .... 11/21/83 

Rep. Phillip 0. Berry 

Rep. James E. Lambeth, Jr. 

Rep. Charles D. Owens * 

Mr. Conrad Burrell* - 

Executive Branch, Boards, Commissions, and Councils 

HJR 1321, see Ch. 905 (1983 Session Laws) 

By President Pro Tempore: 10/14/83 

Senator Jack Childers (Co-Chairman) 

Senator Richard Barnes 

Senator Wanda H. Hunt 

Senator Joseph E. Johnson •' :j > 

Senator William N. Martin 
By Speaker: 10/4/83 

Rep. Sam Beam (Co-Chairman) , . j : 

Rep. J. Worth Gentry 

Rep. Herman C. Gist 

Rep. John J. Hunt 

Rep. Robert C. Hunter 



* Citizen Appointee 



1984] SENATE JOURNAL 227 

Appointed Expires 
COMMITTEES — of Legislative Research Commission 
Hazardous Substances Identification and Labeling 

HB 1339, see Ch. 905 (1983 Session Laws) 

By President Pro Tempore: 10/14/83 

Senator Ollie Harris (Co-Chairman) 

Senator Richard Barnes 

Senator J.J. Harrington 

Senator George W. Marion, Jr. 

Senator Russell Walker 
, By Speaker: 10/4/83 

Rep. Harry E. Payne, Jr. (Co-Chairman) 

Rep. David H. Diamont 

Rep. Joe Hackney 

Rep. Josephus L. Mavretic 

Rep. Murray P. Pool 

Hazardous Waste Strict Liability — see page 239 

Higher Education Regulation 

HJR 988, Res. 33 (1983 Session Laws) 

By President Pro Tempore: 10/4/83 

Senator Lura Tally (Co-Chairman) 

Senator T. Cass Ballenger 

Senator Vernon E. White 

Chancellor E. K. Fretwell, Jr.* 

Mr. Carl Settle* 12/1/83 

By Speaker: 10/4/83 

Rep. Betty Dorton Thomas (Co-Chairman) 

Rep. Anne Barnes 

Rep. Gordon H. Greenwood 

Rep. Charles Woodard 

Dr. H. F. Robinson* 

Inspection of Motor Vehicles 

HB 1142, Ch. 905 (1983 Session Laws) 

By President Pro Tempore: 10/17/83 

Senator David R. Parnell (Co-Chairman) 

Senator Henson P. Barnes 

Senator George W. Marion, Jr. 

Senator Robert D. Warren 

Senator Julius A. Wright 
By Speaker: 10/12/83 

Rep. Aaron E. Fussell (Co-Chairman) 

Rep. Louise S. Brennan 

Rep. David W. Bumgardner, Jr. 

Rep. Jeff H. Enloe, Jr. 

Rep. Edith L. Lutz 



* Citizen Appointee 



228 SENATE JOURNAL [Second Session 

Appointed Expires 
COMMITTEES — of Legislative Research Commission 

Insurance Laws and Regulation of Insurance Industry 
Readable Insurance Policies 

HB 63, HB 1243, and HB 1069, see Ch. 905 (1983 Session Laws) 
By President Pro Tempore: 10/3/83 

Senator Joseph E. Johnson (Co-Chairman) 

Senator JuUan H, Allsbrook , . 

Senator J. J. Harrington 

Senator Cecil R. Jenkins, Jr. 

Senator Donald R. Kincaid 
By Speaker: 10/4/83 

Rep. Foyle Hightower, Jr. (Co-Chairman) 

Rep, Frank Ballance, Jr. 

Rep. Charles Beall 

Rep. John C. Hasty 

Rep. Hugh A. Lee 

Rep. Mary Seymour * . -, 

Legislative Communications Confidentiality 

HB 1461, see Ch. 905 (1983 Session Laws) 

By President Pro Tempore: 10/14/83 

Senator WiUiam W. Staton (Co-Chairman) 

Senator Rachel Gray 

Senator Anthony E. Rand 

Senator Marshall A. Rauch 

Senator Robert S. Swain 
By Speaker: 10/5/83 

Rep. Narvel Jim Crawford 

Rep. James W. Crawford, Jr. 

Rep. J. P. Huskins 

Rep. Annie Brown Kennedy " 

Rep. George W. Miller, Jr. 

Motorboat Titles and Liability Insurance 

HB 1142, Ch. 905 (1983 Session Laws) 

By President Pro Tempore: 10/17/83 

Senator Melvin R. Daniels, Jr. (Co-Chairman) 

Senator Dennis J. Winner 

Mr. Charles Fullwood* 

Mr. J. Scott Harrell, Sr.* 

Mr. Charles A, Paxton* 
By Speaker: 10/14/83 

Rep. Mary Seymour (Co-Chairman) 

Rep. Frank Ballance, Jr. 

Rep. James W. Crawford, Jr. 

Rep. James E. Lambeth, Jr. 

Rep. Margaret Stamey 



•^Citizen Appointee 



1984] SENATE JOURNAL 229 

Appointed Expires 
COMMITTEES — of Legislative Research Commission 

Municipalities, Procedure for Incorporating 

SJR 445, see Ch. 905 (1983 Session Laws) 

By President Pro Tempore: 10/3/83 

Senator Aaron W. Plyler (Co-Chairman) 

Senator James H. Edwards 

Senator A. D. Guy 

Senator Donald R. Kincaid 

Mr. Edmund Aycock* 
By Speaker: 10/5/83 

Rep. Gordon H. Greenwood (Co-Chairman) 

Rep. R. D. Beard 

Rep. Ray C. Fletcher 

Rep. Robert C. Hunter 

Rep. Mary L. Jarrell 

Peat Mining and Land Clearing 

HJR 220, see Ch. 905 (1983 Session Laws) 

By President Pro Tempore: 10/21/83 

Senator Joseph E. Thomas (Co-Chairman) 

Senator J. J. Harrington 

Senator R. P. Thomas 

Senator Vernon E. White 

Mr. Hobart G. Truesdell* 
By Speaker: 10/4/83 

Rep. Robert McAHster (Co-Chairman) 

Rep. Edward C. Bowen 

Rep. Daniel H. DeVane 

Rep. Bruce Ethridge 

Rep, Charles Evans 

Public Health Facility Laws 

SJR 656, see Ch. 905 (1983 Session Laws) 

By President Pro Tempore: 10/4/83 

Senator Anthony E. Rand (Co-Chairman) 

Senator WilUam G, Hancock, Jr. 

Senator Harold W. Hardison 

Senator William W. Redman, Jr. 

Senator James D. Speed 
By Speaker: 10/4/83 

Rep. Marvin D. Musselwhite, Jr. 
(Co-Chairman) 

Rep. William T. Grimsley 

Rep. W. Paul Pulley, Jr. 

Rep. Tom C. Womble 

Rep. Charles D. Woodard 



* Citizen Appointee 



230 SENATE JOURNAL [Second Session 

Appointed Expires 
COMMITTEES — of Legislative Research Commission 
Railroad Property, State's Interest 

HJR 1292, Res. 61 (1981 Session Laws) 
HB 1142, Ch. 905 (1983 Session Laws) 

By President Pro Tempore: 10/4/83 

Senator Dennis J. Winner (Co-Chairman) 

Senator Elton Edwards • 

Senator A. D. Guy 

Senator Robert B. Jordan III ' 

Senator David R. Parnell 

Mr. Thomas G. Lynch* « , ■ 

By Speaker: 10/4/83 

Rep. John J. Hunt (Co-Chairman) 

Rep. David Bumgardner, Jr. 

Rep. JohnT. Church 

Rep. Daniel T. Lilley ^ , 

Rep. Ray Sparrow 

Mr. Vernon Rochelle* 

Rental Housing, State 

HB 1142, Ch. 905 (1983 Session Laws) ' -t^ 

By President Pro Tempore: 10/14/83 

Senator Dallas L. Alford, Jr. (Co-Chairman) 

Senator James H. Edwards 

Senator Ollie Harris ; ' 

Mr. Ben Aiken* 

Mr. T. R. Lawing* 
By Speaker: 10/4/83 

Rep. George W. Brannan (Co-Chairman) '■• 

Rep. C. Melvin Creecy * 

Rep. J. Worth Gentry , ! ^ .. 

Rep. Mary Seymour ■ , -. . /; 

Rep. Edward N. Warren ,., / 

Revenue Laws 

SJR 94, Res. 83 (1979 Session Laws), HJR 1292, Res. 61 (1981 Session Laws) 
HJR 16, see Ch. 905 (1983 Session Laws) 

By President Pro Tempore: 10/3/83 

Senator Marshall A. Rauch (Co-Chairman) 

Senator Jack Childers 

Senator Kenneth R. Harris 

Senator William W. Staton 

Mr. Robert Merritt* V ., , - .. • 

By Speaker: 10/4/83 « • 

Rep. Daniel T. Lilley (Co-Chairman) 

Rep. T. Clyde Auman 

Rep. Sidney A. Locks 

Rep. Josephus L. Mavretic 

Rep. Murray P. Pool 



*Citizen Appointee 



1984] SENATE JOURNAL 231 

Appointed Expires 
COMMITTEES — of Legislative Research Commission 
State Parks 

H 738, Ch. 1112 (1983 Session Laws) (Report due 2/15/85) 

By President Pro Tempore: 7/24/84 

Senator Henson P. Barnes (Co-Chairman) 

Senator George W. Marion, Jr. 

Senator Dennis Jay Winner 
By Speaker: 7/25/84 

Rep. N. James Crawford (Co-Chairman) 

Rep. James W. Crawford, Jr. 

Rep. Mary P. Seymour 

Statutory Liens and Farm Products Security Interest 

SB 680, see Ch. 905 (1983 Session Laws) 

By President Pro Tempore: 10/4/83 

Senator Cecil R. Jenkins, Jr. (Co-Chairman) 

Senator Henson P. Barnes 

Senator Elton Edwards 

Senator David R. Parnell 

Senator Aaron W. Plyler 
By Speaker: 10/4/83 

Rep. Margaret Tennille (Co-Chairman) 

Rep. Ray C. Fletcher 

Rep. Wendell H. Murphy 

Rep. Joseph B. Roberts III 

Rep. J. Paul Tyndall 

User Fees at State-Owned Facilities 

HB 1142, Ch. 905 (1983 Session Laws) 

By President Pro Tempore: 10/17/83 

Senator James D. Speed (Co-Chairman) 

Senator Helen Rhyne Marvin 

Senator Aaron W. Plyler 

Senator Lura Tally 

Secretary Sara W. Hodgkins* 
By Speaker: 10/4/83 

Rep. Gerald L. Anderson (Co-Chairman) 

Rep. C. Robert Brawley 

Rep. Howard B. Chapin 

Rep. Annie Brown Kennedy 

Rep. James E. Lambeth, Jr. 



*Department of Cultural Resources 



232 SENATE JOURNAL [Second Session 

Appointed Expires 
COMMITTEES — of Legislative Research Commission 
Water Pollution Control »' 

HJR 232, see Ch. 905 (1983 Session Laws) ■ . . 

By President Pro Tempore: 10/24/83 ; ■ i-- [ . 

Senator Russell Walker (Co-Chairman) 

Senator Julian R. Allsbrook = 't . i 

Senator Wanda H. Hunt 

Senator Joseph E, Thomas 

Mr. Thomas W. Bivens* 
By Speaker: 10/4/83 : 

Rep. Charles D. Evans (Co-Chairman) 

Rep. Joe R. Hudson 

Rep. Daniel T. Lilley '' " / 

Rep. Joseph B. Roberts HI 

Rep. Betty Dorton Thomas ' 

Water Quality — Haw River and Jordan Reservoir 

HJR 1257, see Ch. 905 (1983 Session Laws) 

By President Pro Tempore: 10/24/83 

Senator Russell Walker (Co-Chairman) 

Senator Julian R. Allsbrook 

Senator Wanda H. Hunt ' >; 

Senator Joseph E. Thomas 

Mr. Thomas W. Bivens* 
By Speaker: 10/4/83 

Rep. Joe Hackney (Co-Chairman) 

Rep. T. Clyde Auman 

Rep. Aaron E. Fussell ,. , 

Rep. William T. Grimsley 

Rep. Bertha M. Holt 

Water Resources — North Carolina and Virginia 

HJR 1404, see Ch. 905 (1983 Session Laws) 

By President Pro Tempore: 10/24/83 

Senator Russell Walker (Co-Chairman) . : . ^ . ' 

Senator Julian R. Allsbrook 

Senator Wanda H. Hunt 

Senator Joseph E. Thomas 

Mr. Thomas W. Bivens* 
By Speaker: 10/4/83 

Rep. Henry M. Tyson (Co-Chairman) 

Rep. John T. Church 

Rep. H. Parks Helms 

Rep. Vernon G. James 

Rep. Robie L. Nash 



^Citizen Appointee 



1984] SENATE JOURNAL 233 

Appointed Expires 
COMMITTEES — of Legislative Research Commission 
Women's Needs, Study of the Economic, Social, and Legal Problems 

HJR 1292, Res. 61 (1981 Session Laws) 

SJR 329 and HJR 904, see Ch. 905 (1983 Session Laws) 

By President Pro Tempore: 10/3/83 

Senator Helen Rhyne Marvin (Co-Chairman) 

Senator Rachel Gray 

Senator William G. Hancock, Jr. 

Senator Lura Tally 

Ms. Alice Wynne Gatsis* 12/28/83 

By Speaker: 10/5/83 

Rep. Ruth E. Easterling (Co-Chairman) 

Rep. Mary L. Jarrell 8/10/84 

Rep. H. Parks Helms 

Rep. Walter B. Jones, Jr. 

Mrs. Nancy Jones* 

Worthless Checks, Problems of 

SJR 661, see Ch. 905 (1983 Session Laws) 

By President Pro Tempore: 10/5/83 

Senator R. P. Thomas (Co-Chairman) 

Senator Richard W. Barnes 

Senator Dennis J. Winner 

Mr. Steve Buck* 

Mr. Arlis Vernon, Jr.* 
By Speaker: 10/12/83 

Rep. Robie L. Nash (Co-Chairman) 

Rep. Luther R. Jeralds 

Rep. Tom Matthews 

Rep. D. R. Mauney, Jr. 

Rep. John W. Varner 



LEGISLATIVE SERVICES COMMISSION 

(G. S. 120-31) (Term — coincides with Legislative term) 

By President Pro Tempore: 5/16/83 

Senator Ollie Harris 

Senator David R. Parnell 

Senator Aaron W. Plyler 

Senator James D. Speed 

Senator Kenneth C. Royall, Jr 5/20/83 

Senator Wilma C. Woodard 
By Speaker: 5/16/83 

Rep. Allen C. Barbee 

Rep. Dan Blue, Jr. 

Rep. Marie Colton 

Rep. Charles Evans 

Rep. Foyle Hightower, Jr. 

Rep. William T. Watkins 



*Citizen Appointee 



234 SENATE JOURNAL [Second Session 

Appointed Expires 

MANUFACTURED HOUSING BOARD 

(G. S. 143.143-10) Ch. 952, 1981 Session Laws >' .^y, . 

Ch. 717-Sec. 109 and Ch. 903, 1983 Session Laws 

By President Pro Tempore: 7/21/83 9/30/86 

(Term — three years) 

Ms. Dorothy G. Campbell* 

Ms. Becky G. Dobbins* 

By Speaker: 7/27/83 9/30/85 

(Term — two years) 

Mr. Robert Kirby* . , 

Mr. Gareth Jones* 

MEDICAL COST CONTAINMENT r 

(Ch. 875, 1983 Session Laws) (Report due 4/1/85) 

By President Pro Tempore: 10/5/83 ' ' 

Senator W. Craig Lawing (Co-Chairman) 

Dr. Lawrence M. Cutchins* 

Dr. Sandra Greene* , -•' 

Senator Anthony Rand 

Mr. Travis Tomlinson, Sr.* ^o 

Mr. Jack Willis* 
By Speaker: 9/9/83 

Rep. James B. Black (Co-Chairman) 

Mr. Carson Bain* rr:, 

Mrs. Jimmie Butts* 

Mr. William Eller* 

Mrs. Helen Goldstein* ; 

Rep. Barney Paul Woodard 

PRIVATE PROTECTIVE SERVICES BOARD 

(G. S. 74C-4(b)) (Term — three years) ' , ' ' ' 

Ch, 1091, 1983 Session Laws, Second Session ■ ' ' 

By President Pro Tempore: 7/1/84 6/30/86 

Mr. James B. Stegall* 

(Speaker's appointments listed with Lieutenant Governor's) - r,. 

PROPERTY TAX SYSTEM IN N.C., COMPREHENSIVE STUDY 

HB 1050, Ch. 838 (1983 Session Laws) (Report due 2/1/85) 

By President Pro Tempore: 9/16/83 ; ;^' 

Senator Jack Childers r 

Senator Melvin R. Daniels, Jr. ; -r 

Senator A. D. Guy , 

Senator J. J. Harrington ' = 

Senator Cecil R. Jenkins, Jr. • l',: , ■' 

Senator Helen Rhyne Marvin i , ;;.,i, 

Senator David R. Parnell ,■, ' :' 

Senator James D. Speed ^^ . 



^Citizen Appointee 



1984] SENATE JOURNAL 235 

Appointed Expires 

PROPERTY TAX SYSTEM IN N.C. (continued) 

By Speaker: 8/31/83 

Rep. Gerald Anderson 
Rep. Charles M. Beall 
Rep. J. Worth Gentry 
Rep. John C. Hasty 
Rep. Mary L. Jarrell 
Rep. Robert L. McAlister 
Rep. Josephus L. Mavretic 
Rep. Ed N. Warren 

PROPERTY TAX SYSTEM IN N.C, COMPREHENSIVE STUDY 
ADVISORY SUB-COMMITTEE: 

By President Pro Tempore: 

Mr. Jesse Alphin* 9/19/83 

Mr. R. G. Young, Jr.* 9/23/83 

Mr. Horace Wells* 10/3/83 

By Speaker: 

Mr. Wayne Hooper* 9/8/83 

Mr. Elmer Jenkins* 9/8/83 

Mr. Larry J. Powell* 9/19/83 

PUBLIC EDUCATION POLICY COUNCIL 

HB 1307, Ch. 860 (1983 Session Laws) (Report due 12/1/84) 

By President Pro Tempore: 10/14/83 

Senator Robert D. Warren (Co-Chairman) 

Senator Gary D. Allred 

Senator Robert M. Davis 

Senator Elton Edwards 

Senator James H. Edwards 

Senator Harold W. Hardison 

Senator Kenneth R. Harris 

Senator William N. Martin 

Senator Benjamin T. Tison 

Senator Marvin Ward 
By Speaker: 8/22/83 

Rep. Jo Graham Foster (Co-Chairman) 

Rep. Howard B. Chapin 

Rep. R. J. Childress 

Rep. Chancey R. Edwards 

Rep. Aaron E. Fussell 

Rep. Margaret B. Hayden 

Rep. D. R. Mauney, Jr. 

Rep. Josephus L. Mavretic 

Rep. Charles D. Owens 

Rep. J. Reid Poovey 



*Citizen Appointee 



236 



SENATE JOURNAL 



[Second Session 



SOUTHERN LEGISLATIVE CONFERENCE 

OF 

THE COUNCIL OF STATE GOVERNMENTS 

APPOINTMENTS TO CONFERENCE COMMITEES 



President Pro Tempore 
Executive 

Senator W. Craig Lawing 
Senator Kenneth C. Royall, Jr. 

Agriculture and Rural Development 
Senator Vernon E. White 

Consumer Protection 

Senator Lura Tally 

Criminal Justice 

Senator Robert S. Swain 



Energy 



Senator Conrad R. Duncan, Jr. 



Environmental Quality and 
Natural Resources 

Senator Elton Edwards 

Federal Preemption 

Senator Kenneth C. Royall, Jr. 

Fiscal Affairs and 

Government Operations 

Senator W. Craig Lawing 
Senator Marshall A. Rauch 
Senator Harold W. Hardison 

Human Resoures and 
Urban Affairs 

Senator Aaron W. Plyler 

Transportation 

Senator Robert D. Warren 



Speaker 

Liston B. Ramsey 

Rep. Vernon G. James, Chmn. 
Rep. Anne Barnes 
Rep. Robert C. Hunter 
Rep. Joe Hackney 

Rep. Bruce Ethridge . ' 

Rep. Bertha M. Holt 



Rep. William T. Watkins 
Rep. Allen Adams 



Rep. Louise Brennan 
Rep. N. James Crawford 



1984] 



SENATE JOURNAL 



237 



Agricultural and Rural 
Development 

Consumer Protection 

Criminal Justice 

Energy 

Environmental Quality 
and Natural Resources 

Federal Preemption 

Fiscal Affairs and 
Government Operations 



Human Resources and 
Urban Affairs 

Transportation 



SOUTHERN LEGISLATIVE CONFERENCE 

OF 
THE COUNCIL OF STATE GOVERNMENTS 

JOINT NON-LEGISLATOR APPOINTMENTS 

(President Pro Tempore/ Speaker) 

Sarah L. Fuerst, Staff Attorney 



William K. Hale, Staff Attorney 

A. W. Turner, Jr., Staff Attorney 

Daniel Long, Staff Attorney 

James B. Blackburn HI, Staff 
Attorney 

Gerry Cohen, Director of 
Legislative Drafting 

George R. Hall, Acting Legislative 

Services Officer 
Terry D. Sullivan, Director of 

General Research 

James Johnson, Senior Fiscal Analyst 
James Newlin, Senior Fiscal Analyst 



238 



SENATE JOURNAL 



[Second Session 



NATIONAL CONFERENCE OF STATE LEGISLATURES 

STANDING COMMITTEES 

(Term coincides with Legislative term) 



President Pro Tempore 
Arts and Historic Preservation 

Senator Helen Rhyne Marvin 

Commerce, Labor and 
Economic Development 

Senator Jack Childers 

Fiscal Affairs and Oversight 

Senator Kenneth C. Royall, Jr. 

Legislative Organization 
and Management 

Senator W. Craig Lawing 

Science and Technology and 
Resource Planning 

Mr. Terry Sullivan** 

State Government Issues 
and Organization 

Senator James H. Edwards 

State Federal Assembly: (Subcommittees) 
Agriculture, Food Policy 
and Nutrition 

Senator Rachel Gray 

Education and Job Training 
Senator James D. Speed 

Energy 

Senator A. D. Guy 

Government Operations 

Senator W. Craig Lawing 

Housing and Economic Development 
Senator Joseph E. Johnson 

Human Resources 

Senator Russell Walker 



Speaker 

Rep. Marie Colton • - : i^A 

Rep. John Church 



Rep. William T. Watkins 
Rep. Al Adams 



Mrs. Grace Collins** 

Rep. Harry Payne 

Rep. Dan T. Lilley, Chairman 

Rep. Ed Warren 
Rep. Jo Graham Foster 
Rep. Tom Rabon 
Rep. Martin Nesbitt 
Rep. George Brannan 
Rep. Sam Beam 



**Legislative Staff 



1984] SENATE JOURNAL 239 

NATIONAL CONFERENCE OF STATE LEGISLATURES 

State Federal Assembly (continued) 

President Pro Tempore Speaker 

Law and Justice 

Senator Anthony E. Rand Rep. Dennis Wicker 

Natural Resources and the 
Environment 

Senator Joseph E. Thomas Rep. Robert McAhster 

Pensions 

Senator Cecil R. Jenkins Rep. Joe Mavretic 

Transportation and Communications 

Senator J.J. Harrington Rep. David W. Bumgardner, Jr. 

Urban Development 

Senator George W. Marion, Jr. Rep. John T. Church 



(continued) 

Appointed Expires 

COMMITTEES — of Legislative Research Commission 
Air Ambulance System 

G. S. 120-30.17(1) 

By President Pro Tempore: 

(not appointed at time of printing) 
By Speaker: 8/23/84 

Rep. Joe Hackney (Co-Chairman) 

Mr. Eric B. Munson* 

Rep. Wendell H. Murphy 

Rep. Daniel H. DeVane 

Rep. Charles D. Owens 

Hazardous Wastes Strict Liability 

HB 738, Ch. 1112 (1983 Session Laws) 

By President Pro Tempore: 8/29/84 

Senator Henson Barnes (Co-Chairman) 

Senator Charles Hipps 

Senator W. Craig Lawing 

Senator Russell Walker 

Mr. Charles D. Case* 
By Speaker: 8/22/84 

Rep. WilHam E. Clark (Co-Chairman) 

Rep. Frank Ballance 

Rep. Joe Hackney 

Rep. Joseph Roberts 

Rep. Martin Nesbitt 



*Citizen Appointee 



INDEX 



242 SENATE JOURNAL [Second Session 

RATIFIED BILLS — SESSION LAWS 



Chapter Bill No. Page 

930 S 704 12 

931 S 709 12 

932 H 1582 24 

933 S 712 24 

934 S 719 24 

935 H 1493 30 

936 H 1494 35 

937 H 1523 35 

938 H 1520 55 

939 H 1480 54 

940 H 1492 54 

941 H 1498 54 

942 H 1501 55 

943 H 1516 71 

944 S 738 71 

945 S 752 71 

946 S 756 71 

947 S 757 71 

948 S 762 71 

949 H 907 71 

950 H 1536 71 

951 H 1541 79 

952 H 1543 79 

953 H 1552 79 

954 H 1553 79 

955 H 1555 79 

956 H 1556 79 

957 H 1558 79 

958 H 1560 79 

959 H 1561 79 

960 H 1562 79 

961 H 1563 79 

962 H 1602 79 

963 H 1604 79 

964 H 1605 79 

965 H 1608 80 

966 H 1609 80 

967 H 1616 80 

968 H 1617 80 

969 H 541 83 

970 S 543 83 

971 H 1496 83 

972 H 385 95 

973 S 734 94 

974 S 766 94 

975 H 1500 95 

976 H 1528 95 

977 H 1529 95 



Chapter Bill No. Page 

978 H 1532 95 

979 H 1559 95 

980 H 1575 95 

981 H 1576 95 

982 H 1584 95 

983 H 1590 95 

984 H 1591 95 

985 H 1595 95 

986 H 1610 95 

987 H 1619 95 

988 H 1621 95 

989 H 1624 95 

990 H 1626 95 

991 H 1525 104 

992 S 470 103 

993 S 732 103 

994 H 1398 103 

995 H 1517 103 

996 S 735 103 

997 S 739 103 

998 S 740 103 

999 S 741 103 

1000 S 742 103 

1001 S 744 103 

1002 S 774 103 

1003 H 1483 117 

1004 H 1485 117 

1005 H 1488 117 

1006 H 1535 117 

1007 H 1547 117 

1008 H 1554 117 

1009 H 1588 117 

1010 H 1594 117 

1011 H 1596 117 

1012 H 1623 117 

1013 H 1676 117 

1014 H 1633 117 

1015 S 760 116 

1016 S 725 116 

1017 S 759 116 

1018 H 1099 117 

1019 S 14 116 

1020 S 817 116 

1021 S 848 116 

1022 H 370 117 

1023 H 88 126 

1024 H 104 127 

1025 H 650 127 



1984] 



SENATE JOURNAL 



243 



Chapter Bill No. 



Page 



1026 


H 


1526 


. . . . 127 


1027 


H 


1583 


. . . . 127 


1028 


H 


1615 


135 


1029 


H 


1625 


. . . . 135 


1030 


H 


1632 


. . . . 135 


1031 


H 


1681 


.... 135 


1032 


H 


158 


.... 137 


1033 


H 


1768 


137 


1034 


H 


80 


.... 137 


1035 


H 


1697 


. . . . 137 


1036 


H 


1701 


. . . . 137 


1037 


H 


1739 


.... 137 


1038 


S 


780 


. . . . 136 


1039 


H 


474 


137 


1040 


H 


578 


.... 137 


1041 


H 


687 


.... 137 


1042 


H 


1261 


.... 142 


1043 


H 


1365 


.... 142 


1044 


H 


1544 


.... 142 


1045 


S 


815 


142 


1046 


S 


847 


.... 142 


1047 


s 


514 


.... 143 


1048 


H 


1369 


144 


1049 


H 


1736 


.... 145 


1050 


H 


1779 


145 


1051 


H 


1165 


.... 144 


1052 


H 


1511 


144 


1053 


H 


1518 


144 


1054 


H 


1557 


144 


1055 


H 


1572 


144 


1056 


H 


1587 


144 


1057 


H 


1597 


144 


1058 


H 


1630 


144 


1059 


H 


1657 


144 


1060 


H 


1682 


.... 145 


1061 


H 


1771 


145 


1062 


H 


1772 


.... 145 


1063 


H 


1777 


.... 145 


1064 


S 


783 


.... 143 


1065 


H 


1482 


144 


1066 


H 


1709 


145 


1067 


S 


831 


144 


1068 


S 


862 


.... 144 


1069 


s 

H 


880 


144 


1070 


1491 


.... 144 


1071 


H 


9 


.... 156 



Chapter Bill No. Page 

1072 S 21 156 

1073 S 436 156 

1074 S 555 156 

1075 S 731 156 

1076 S 745 156 

1077 S 763 156 

1078 S 877 156 

1079 S 895 156 

1080 H 1283 161 

1081 H 1451 161 

1082 H 1658 161 

1083 H 1778 161 

1084 H 1795 161 

1085 H 1797 161 

1086 S 478 161 

1087 S 807 161 

1088 S 845 161 

1089 H 110 161 

1090 H 1793 161 

1091 S 842 161 

1092 S 894 161 

1093 H 1788 167 

1094 H 1789 167 

1095 H 1791 167 

1096 H 1794 167 

1097 H 1513 168 

1098 S 430 168 

1099 H 1796 168 

1100 S 790 168 

1101 H 1660 175 

1102 S 900 172 

1103 H 1567 175 

1104 H 665 175 

1105 H 666 175 

1106 H 1413 175 

1107 H 1754 178 

1108 S 634 178 

1109 H 1551 178 

1110 S 724 178 

nil S 901 178 

1112 H 738 182 

1113 S 706 186 

1114 S 187 186 

1115 . H 1689 187 

1116 H 1376 187 



244 



SENATE JOURNAL [Second Session 

RATIFIED RESOLUTIONS 



Res. 



56 
57 
58 
59 
60 
61 
62 
63 
64 
65 
66 
67 
68 
69 
70 
71 
72 
73 
74 
75 
76 
77 
78 
79 
80 
81 



Res. No. 

HJR 1509 

HJR 1503 

HJR 1548 

SJR 713 

SJR 772 

HJR 1655 

HJR 1524 

SJR 803 

SJR 702 

SJR 782 

SJR 778 

HJR 1486 

HJR 1495 

HJR 1499 

HJR 1531 

SJR 705 

SJR 809 

HJR 1713 

SJR 811 

SJR 829 

SJR 777 

SJR 825 

HJR 1704 

HJR 1723 

HJR 1752 

HJR 1753 96 



Page 


Res. 


Res. : 


No. 


Page 


24 


82 


SJR 


830 


94 


35 


83 


HJR 


1670 


... 104 


35 


84 


HJR 


1717 


... 104 


37 


85 


HJR 


1504 


... 113 


37 


86 


HJR 


1510 


... 113 


55 


87 


SJR 


855 


... 116 


55 


88 


SJR 


884 


... 117 


54 


89 


HJR 


1573 


127 


54 


90 


HJR 


1574 


... 127 


54 


91 


HJR 


1663 


... 127 


54 


92 


HJR 


1683 


... 127 


71 


93 


HJR 


1694 


... 127 


71 


94 


HJR 


1737 


... 127 


72 


95 


HJR 


1738 


... 127 


79 


96 


HJR 


1776 


... 137 


79 


97 


SJR 


787 


... 143 


79 


98 


HJR 


1775 


... 145 


80 


99 


SJR 


730 


... 143 


83 


100 


SJR 


886 


... 144 


83 


101 


SJR 


893 


... 144 


94 


102 


HJR 


1792 


... 167 


94 


103 


SJR 


899 


... 168 


95 


104 


SJR 


898 


... 172 


96 


105 


HJR 


1801 


... 175 


96 


106 


SJR 


897 


... 186 



s 


156 


s 


187 


s 


383 


s 


430 


s 


436 


s 


462 


s 


470 


s 


478 


s 


503 


s 


514 


s 


543 


s 


555 


s 


572 


s 


629 


s 


631 


s 


634 


s 


681 


s 


702 


s 


703 


s 


704 


s 


705 


s 


706 


s 


707 


s 


708 


s 


709 


s 


710 


s 


711 


s 


712 


s 


713 


s 


714 


s 


715 


s 


716 



154, 


156. 


122, 


129. 


184, 


186. 


166, 


168. 


145, 


156. 


102, 


103. 


157, 


161. 



1984] SENATE JOURNAL 245 

NUMERICAL INDEX 

SENATE 



The identical bill number, when apphcable, and the final action on the measure are noted 
following the title. When ratified, the Chapter Number of the Session Laws is reflected. 

BILLS/RESOLUTIONS Page Nos. 

S 14 EUminate Mandatory Retirement 

(H 48) (Ch. 1019) 55, 81, 111, 114, 116. 

S 21 Income Tax Deduction for Certain Parents 

(H 45) (Ch. 1072) 118, 126, 129, 

Incr Federal Retirement Pay Exclusion (H ppi) 118, 

Various Local Projects (H 377) (Ch. 1114) 177, 181, 

Catawba Civic Center Authority (H ppi) 
Early Parole with Community Service 

(Ch. 1098) 135, 141, 152, 159, 164, 

Occupational Therapy Licensing (Ch. 1073) 

Banks File No Personal Vouchers (H unf rpt) 

Corneal Tissue Removal (Ch. 992) 75, 89, 

Firemen's Retirement Refund (Ch. 1086) 145, 

Setting Execution Date (reref Spec W & M Com) 72, 75. 

Child Support Garnishment (Ch. 1047) 131, 143. 

Architects/Engineers Regulated (Ch. 970) 31, 55, 76, 83. 

Geologists Licensing Act (Ch. 1074) 145, 156. 

Oregon Inlet Channel Opening Urged (H 1211) (H ppi) 

No Fee for CAP Plates (H 1203 H ppi) (H Transp Com) 80, 89. 

Constitutional Criminal Punishments (H 389) (H Const Com) 

Foreclosure Hearings Continued (Ch. 1108) 174, 178. 

Bail Bond Forfeitures (H ppi) 

Memorializing Senator JuHan R. Allsbrook (Res. 64) 7, 38, 54. 

Approp — 1984 - 85 Fiscal Year (Appr Com/see H 1496-Ch. 971) 7. 

Elizabeth City Election (Ch. 930) 7, 12. 

EnablingA/'alidating Sanitary District — see S 848 

(Res. 71) 7, 17, 23, 79. 

Interstate Banking Permitted (Ch. 1113) 7, 55, 76, 180, 182, 186. 

Funds to Restore Gettysburg Statue 

(Appr Com/see H 1496-Ch. 971) 7. 

Burke Forestry Headquarters Fund 

(Appr Com/see S 187-Ch. 1114) 7. 

Western Rockingham Schools (Ch. 931) 7, 12. 

Emergency Training at Gaston College 

(H 1490 H ppi) (Appr Com) 10. 

Salisbury Railroad Station Funds (Appr Com/see S 187-Ch. 1114) .... 10. 

Rowan Ambulance Liens (Ch. 933) 10, 24. 

Enabling/DOT — Right of Way — see S 817 

(H 1489) (Res. 59) 11, 15, 37. 

Priv. Res. Child-Care Grant 

(H 1505 H ppi) (Appr Com/see H 1376-Ch. 1116) 11. 

Eastern School for Deaf Funds (Appr Com/see S 187-Ch. 1114) 12. 

NCSU Fletcher Center Funds (Appr Com) 12. 



246 SENATE JOURNAL [Second Session 

Great Smoky Mtns National Park (H 1477) (adopted) 12, 190. 

N C Apple Festival Funds (Appr Com/see S 187-Ch. 1114) 13. 

Kings Mountain School Elections (Ch. 934) 13, 24. 

Cleveland County ADAP Funds (Appr Com) 13. 

Enabling/Sales Price of Motor Vehicle — see S 798 (Rules Com) 13. 

Murray's Mill Appropriation (Appr Com/see S 187-Ch. 1114) 13. 

Crop Liens Filed with Secretary of State 

(reref Appr Com/see H 1376-Ch. 1116) 13, 18, 29. 

Chemical Dependency Treatment (Ch. 1110) 13, 165, 178. 

Gastonia Firemen's Supp Fund (Ch. 1016) 13, 38, 63, 116. 

Sales Tax on Used Vehicle — 1 (H 1482-Ch. 1065) (Fin Com) 14. 

National Sports Festival (H 1519) (adopted) 14, 191. 

Administration Estate Costs Reduced (H Fin Com) 15, 37, 68. 

Crop Liens Funds (Appr Com/see H 1376-Ch. 1116) 15. 

Minority Appts Proportionate to Pop. (Res. 99) 15, 48, 68, 136, 143. 

Cystic Fibrosis Tax Exemption (Ch. 1075) 16, 38, 68, 156. 

Orrum Charter Revision (Ch. 993) 16, 23, 27, 93, 101, 103. 

General Fund Bond Sinking Fund (reref Appr Com) 17, 38. 

Hazardous Waste Treatment Commission 

(H 1607 H ppi) (Ch. 973) 17, 36, 53, 63, 94. 

Lumberton Uptown Development (Ch. 996) 18, 27, 32, 103. 

Smokies Heritage Festival Funds (Appr Com/see S 187-Ch. 1114) ... . 18. 
No Sales Tax on Currency, BulUon 

(H 1534 H Fin Com) (H failed 2nd rdg) 18, 37, 68. 

Lincoln County Cultural Lease (Ch. 944) 18, 71. 

Jacksonville Annexation/Onslow Co. (Ch. 997) 19, 28, 32, 103. 

Intermediate Care Facilities Freeze Extended 

(H 1612 H ppi) (Ch. 998) 19, 48, 68, 103. 

Home Health CON Freeze (H 1613 H ppi) (Ch. 999) 19, 48, 68, 103. 

CON Appeals to Ct. of Appeals 

(H 1586 H ppi) (Ch. 1000) 19, 48, 69, 103. 

Approp Health Systems Agencies (H 1614 H ppi) (Appr Com) 19. 

Nursing Home Freeze Lifted 

(H 1585 H ppi) (Ch. 1001) 19, 48, 69, 103. 

S 745 Domiciliary Rights Change 

(H 1644 H ppi) (Ch. 1076) 19, 89, 101, 154, 156. 

S 746 Increase Homestead Exemption 

(H 1647 H ppi) (reref Appr Com) 19, 80. 

S 747 Senior Citizens' Centers Funds 

(H 1645 H ppi) (Appr Com) 19. 

Adult Day Care Funds (H 1646 H ppi) (Appr Com) 20. 

Funds for Schiele Museum 

(H 1580 H ppi) (Appr Com/see S 187-Ch. 1114) 20. 

5 Yr. Phase-Out of Intangibles Tax 

(failed to concur) 20, 37, 69, 72, 76, 176. 

Dix Adolescent Treatment Funds (Appr Com/see S 187-Ch. 1114) .... 20. 

Gastonia Airport Authority (Ch. 945) 20, 71. 

No Intang. Tax/4- Yr. Reimburse (Fin Com) 20. 

Fayetteville Municipal Market 

(Appr Com/see H 1376-Ch. 1116 & S 187-Ch. 1114) 20. 

S 755 Education Matters/Committee of the Whole 

(H 1568 H reref Rules) (Spec W & M Com) 21. 



s 


717 


s 


718 


s 


719 


s 


720 


s 


721 


s 


722 


s 


723 


s 


724 


s 


725 


s 


726 


s 


727 


s 


728 


s 


729 


s 


730 


s 


731 


s 


732 


s 


733 


s 


734 


s 


735 


s 


736 


s 


737 


s 


738 


s 


739 


s 


740 


s 


741 


s 


742 


s 


743 


s 


744 



S 


748 


S 


749 


S 


750 


S 


751 


S 


752 


S 


753 


S 


754 



1984] SENATE JOURNAL 247 

Henderson Road Hunting Regulated (H 1577 H ppi) (Ch. 946) 21, 71. 

Goldsboro Property DispositionAVayne (Ch. 947) 21, 71. 

Public Employee Suppl Ret Plan 

(H 1500-Ch. 975) (H ppi) 21, 38, 69. 

Franklinville Charter Revision (Ch. 1017) 21, 28, 32, 116. 

Liberty Economic Development (Ch. 1015) 21, 28, 33, 116. 

Franklin Co. Property Sales (Spec W & M Com) 21. 

Durham City Schools Pay Day (H 1601 H ppi) (Ch. 948) 21, 71. 

Dist. Bd. of Health Membership (Ch. 1077) 22, 118, 126, 156. 

Education Appropriations (H 1569 H ppi) (Appr Com) 24. 

School Reform Act of 1984 

(H 1567-Ch. 1103) (Spec W & M Com) 24. 

Wesley Webster Highway (Ch. 974) 22, 94. 

Jones House Funds (Appr Com/see S 187-Ch 1114) 25. 

Laurel Springs Livestock Funds (Appr Com/see S 187-Ch. 1114) 25. 

Tri-County Complex MH Funds (Appr Com) 25. 

"Regional Institution" Change (H 1672 H ppi) (Appr Com) 25. 

Gaston Art and History Museum Funds 

(H 1637 H ppi) (Appr Com/see S 187-Ch. 1114) 25. 

EnablingAVesley D. Webster Highway — see S 766 (Res. 60) 25, 37. 

Western Rockingham School Funds 

(Appr Com/see S 187-Ch 1114) 25. 

C.O.N. Technical Amendments 

(H 1673 H ppi) (Ch. 1002) 25, 48, 69, 103. 

C.O.N. - Medical Equip. Limit (Rules Com) 25. 

Retirement Credit for Temp. Work (reref Appr Com) 26, 106. 

EnabUng/Cemetery Service Districts — see S 877 

(Res. 76) 26, 48, 69, 94. 

Enabling/Spec ID for 12 & Older by DMV — see S 832 

(Res. 66) 26, 54. 

Hazelwood Water Works (Appr Com/see S 187-Ch. 1114) 26. 

Legislative Confidentiality Communications Amend 

(Ch. 1038) 30, 49, 69, 136. 

Burke Courthouse Funds (Appr Com/see S 187-Ch. 1114) 30. 

EnabUng/Theft of Cable Services — see S 845 (Res. 65) 26, 54. 

Ambulatory Surgical Facility (Ch. 1064) 30, 55, 76, 136, 142, 143. 

Temperance, McNeill House Funds 

(Appr Com/see S 187-Ch. 1114) 30. 

Enabling/Holiday to Observe Easter (Rules Com) 31. 

PubUc Hospital Sales, Lease 

(H 1709-Ch. 1066) (reref St Gov Com) 31, 35. 

Drop Tobacco Excise Tax (Res. 97) 34, 143. 

Approp-Cannon Mem YMCA Center 

(App Com/see S 187-Ch. 1114) 35. 

Late Fees Consumer Loans (Fin Com) 49. 

Clarify Child Support (Ch. 1100) 49, 72, 90, 166, 168. 

Approp-Little Theater/Gastonia 

(H 1641 H ppi) (Appr Com/see S 187-Ch. 1114) 49. 

Approp/Regional Family Violence Center (Appr Com) 49. 

Madison-Mayodan Rec Center Funds 

(Appr Com/see S 187-Ch. 1114) 50. 

S 794 James Polk Historic Site Funds 

(H 1696 H ppi) (Appr Com/see S 187-Ch. 1114) 50. 



s 


756 


s 


757 


s 


758 


s 


759 


s 


760 


s 


761 


s 


762 


s 


763 


s 


764 


s 


765 


s 


766 


s 


767 


s 


768 


s 


769 


s 


770 


s 


771 


s 


772 


s 


773 


s 


774 


s 


775 


s 


776 


s 


777 


s 


778 


s 


779 


s 


780 


s 


781 


s 


782 


s 


783 


s 


784 


s 


785 


s 


786 


s 


787 


s 


788 


s 


789 


s 


790 


s 


791 


s 


792 


s 


793 



248 SENATE JOURNAL [Second Session 

S 795 Alzheimers Disease Support Funds 

(Appr Com/see H 1376-Ch. 1116) 50. 

S 796 Autistic Group Home Purchase 

(Appr Com/see S 187-Ch. 1114) 50. 

Frank Holder Dance Funds (Appr Com/see S 187-Ch. 1114) 50. 

Sales Price of Used Car — 2 (Fin Com) 50. 

Waynesborough Park Funds (Appr Com/see S 187-Ch. 1114) 50. 

Approp/Fletcher Center of NCSU — 2 (Appr Com) 50. 

Approp/Various NC Armories (Appr Com/see S 187-Ch. 1114) 50. 

Approp/Old Cabarrus Courthouse 

(Appr Com/see H 1376-Ch. 1116) 50. 

Enabling/Discipline of Chiropractors — see S 831 (Res. 63) 51, 54. 

Agricultural Marketing Funds (Appr Com) 51. 

Ararat River Flood Control (Appr Com) 56. 

Museum of the Albemarle Exhibits 

(Appr Com/see S 187-Ch. 1114) 56. 

Interstate Savings & Loans (Ch. 1087) 56, 72, 90, 161. 

PoUce/Comm-Relation Training (Appr Com/see S 187-Ch. 1114) 56. 

Enabling/Drop Tobacco Excise Tax — see S 787 (Res. 72) 51, 79. 

Belle Chere Festival Funds (Appr Com/see S 187-Ch. 1114) 56. 

Enable/State Indian Housing Authority — see S 862 (Res. 74) 56, 83. 

Funds for WINGS Program (Appr Com/see H 1376-Ch. 1116) 57. 

Aycock Brown Welcome Center (Appr Com/see S 187-Ch. 1114) 57. 

Henderson Dispute Center Funds 

(Appr Com/see S 187-Ch. 1114) 57. 

Local Gov't Service Purchase (Ch. 1045) 57, 106, 124, 142. 

Poultry Disease Diagnosis Funds (Appr Com) 57. 

State Highway Improvements Include City Streets 

(Ch. 1020) 57, 72, 76, 116. 

Funds for Autistic Adults (Appr Com/see H 80-Ch. 1034) 57. 

Autistic Adult Group Home (Appr Com/see H 1376-Ch. 1116) 57. 

Radar Act Funds 

(H 1715 H ppi) (Appr Com/see H 137&-Ch. 1116) 57. 

Life Care Center CON — 1 (Rules Com) 58. 

Indian Economic Tribal Training Funds 

(Appr Com/see H 1376-Ch. 1116) 58. 

Poultry Research Facility Funds 

(Appr Com/see H 1376-Ch. 1116) 58. 

Student Legislature Funds (Appr Com/see H 1376-Ch. 1116) 58. 

Support/Social Security Disability Reform (Res. 77) 73, 94. 

Part-Time Retirement Credit Purchases 

(H 1632-Ch. 1030) (Pen & Ret Com) 73. 

Natural Heritage Program Funds -A . ■' 

(H 1565 H ppi) (Appr Com/see H 1376-Ch. 1116) 73. 

Enable/Superintendent of Public Instruction (H Rules Com) 58. 

Enable/Expiration Date of Life Care Centers — see S 847 

(Res. 75) 58, 83. 

Enable/Reregistration of License Plates — see S 880 (Res. 82) ... . 73, 94. 

Chiropractor Discipline Grounds (Ch. 1067) .73, 144. 

Special ID's for 12-Year-Olds — 2 

(Appr Com/see H 1772-Ch. 1062, H 1376-Ch. 1116)) 59. 

S 833 One Step Further Dispute Center Funds 

(Appr Com/see S 187-Ch. 1114) 74. 



s 


797 


s 


798 


s 


799 


s 


800 


s 


801 


s 


802 


s 


803 


s 


804 


s 


805 


s 


806 


s 


807 


s 


808 


s 


809 


s 


810 


s 


811 


s 


812 


s 


813 


s 


814 


s 


815 


s 


816 


s 


817 


s 


818 


s 


819 


s 


820 


s 


821 


s 


822 


s 


823 


s 


824 


s 


825 


s 


826 


s 


827 


s 


828 


s 


829 


s 


830 


s 


831 


s 


832 



1984] SENATE JOURNAL 249 

S 834 Crime and Delinquency Council Funds 

(Appr Com/see S 187-Ch. 1114) 74. 

William Penn Foundation Funds (Appr Com/see S 187-Ch. 1114) 74. 

Gate City Jr. Tennis Academy Funds 

(Appr Com/see S 187-Ch. 1114) 74. 

Reinstate Merit Pay Increase (Appr Com/see H 80-Ch. 1034) 74. 

Gethsemane-Rainbow Funds (Appr Com/see S 187-Ch. 1114) 74. 

Jonas Ridge Fire and Rescue (Appr Com/see S 187-Ch. 1114) 83. 

Randolph Forest Headquarters Funds 

(Appr Com/see S 187-Ch. 1114) 84.. 

Randolph Prison Chaplaincy Funds 

(Appr Com/see S 187-Ch. 1114) 84. 

President Pro Tern Appointment (Ch. 1091) 84, 107, 124, 161. 

Mt. Airy Restoration Funds (Appr Com/see S 187-Ch. 1114) 84. 

First Flight Shrine (Appr Com) 84. 

Cable TV Theft of Services (H 1757 H reref J III Com) 

(Ch. 1088) 84, 96, 110, 119, 126, 128, 132, 161. 

Constitution Bicentennial Comm (Appr Com/see H 1376-Ch. 1116). .. . 74. 

Life Care Centers CON — 2 (Ch. 1046) 84, 107, 124, 142. 

Sanitary District Validated (Ch. 1021) 74, 116. 

Approp-High Point Autistic Home (H 1773 H ppi) (Appr Com) 84. 

Eastern Office Cultural Resources Funds (Appr Com) 84. 

Cedar Island Boat Ramp Funds 

(Appr Com/see S 187-Ch. 1114) 84. 

UNC Capital Projects (H 1771-Ch. 1061) (H ppi) 85, 89, 101, 109. 

Nantahala Gorge Study Funds (Appr Com) 97. 

UNC Asheville Funds (Appr Com/see H 1376-Ch. 1116) 85. 

Enable/Cumberland Co. Industrial Sites — see S 895 (Res. 87) . . .85, 116. 
Wilkes Sanitary District Funds 

(Appr Com/see S 187-Ch. 1114) 85. 

Council on Holocaust Funds (Appr Com/see S 187-Ch. 1114) 86. 

Fletcher Agricultural Center Funds — 3 

(H 1699 H ppi) (Appr Com/see H 1376-Ch. 1116) 86. 

Enabling/Terms/Governor and Lt Governor (Rules Com) 86, 97. 

Macon Dispute Center Funds (Appr Com/see S 187-Ch. 1114) 98. 

Cherokee Dispute Center Funds (Appr Com/see S 187-Ch. 1114) 98. 

Housing Projects Non-Indians Allowed (Ch. 1068) 86, 96, 110, 144. 

Haywood Dispute Center Funds (Appr Com/see S 187-Ch. 1114) 98. 

Henderson Dispute Center Funds (Appr Com/see S 187-Ch. 1114). ... 98. 

Jackson Dispute Center Funds (Appr Com/see S 187-Ch. 1114) 98. 

Swain Dispute Center Funds (Appr Com/see S 187-Ch. 1114) 98. 

Polk Dispute Center Funds (Appr Com/see S 187-Ch. 1114) 98. 

Clay Dispute Center Funds (Appr Com/see S 187-Ch. 1114) 98. 

Transylvania Dispute Center Funds 

(Appr Com/see S 187-Ch. 1114) 99. 

Graham Dispute Center Funds (Appr Com/see S 187-Ch. 1114) 99. 

Lincoln Arts Council Funds (Appr Com/see S 187-Ch. 1114) 99. 

Bates House Rape Crisis Center Funds 

(Appr Com/see S 187-Ch. 1114) 99. 

S 873 Haywood Educational Enrichment Funds 

(Appr Com/see S 187-Ch. 1114) 99. 

S 874 Wildlife Hatchery Funds (Appr Com/see S 187-Ch. 1114) 99. 



s 


835 


s 


836 


s 


837 


s 


838 


s 


839 


s 


840 


s 


841 


s 


842 


s 


843 


s 


844 


s 


845 


s 


846 


s 


847 


s 


848 


s 


849 


s 


850 


s 


851 


s 


852 


s 


853 


s 


854 


s 


855 


s 


856 


s 


857 


s 


858 


s 


859 


s 


860 


s 


861 


s 


862 


s 


863 


s 


864 


s 


865 


s 


866 


s 


867 


s 


868 


s 


869 


s 


870 


s 


871 


s 


872 



250 SENATE JOURNAL [Second Session 

S 875 Haywood Repertory Theater Funds 

(Appr Com/see S 187-Ch 1114) 99. 

S 876 Waynesville Armory Renovation Funds 

(Appr Com/see S 187-Ch. 1114) 100. 

Cemetery Districts Allowed (Ch. 1078) 100, 109, 123, 156. 

Local LEO Subsidy (Appr Com) 100. 

Agriculture Study Funds (Appr Com) 104. 

Vehicle Registration Change (Ch. 1069) 100, 107, 124, 144. 

Granite Falls Center Funds (Appr Com/see S 187-Ch. 1114) 104. 

Shellfish Waters/Temporary Openings 

(Appr Com/see H 1376-Ch. 1116) 104. 

Watauga Senior Center Funds 

(Appr Com/see S 187-Ch. 1114) 104. 

Enabling/District Board of Health — see S 763 (Res. 88) 104, 117. 

Teacher Summer Employment Study (Appr Com) 119. 

Proclaim Adult Literacy Awareness Month (Res. 100) 119, 144. 

Hearing Impaired Outreach Program (Appr Com/H 1376-Ch. 1116) . . 105. 

Campbell Folk School Funds (Appr Com/see S 187-Ch. 1114) 119. 

Enabling/Straight Ticket Voting (Filed Status) 105, 119. 

Enabling/Council Eastern Band of Cherokee (Filed Status) 105, 120. 

McGrady Fire Dept Funds (Appr Com/see H 1376-Ch. 1116) 135. 

Designating Oak Ridge Military Academy 

(Conf Com rpt adopted) 137, 142, 152, 157, 175, 179, 181, 182. 

Enabling/Oak Ridge Military Academy — see S 892 

(Res. 101) 

Senate President Appointments — 2 (Ch. 1092) 

Cumberland Industrial Park (Ch. 1079) 

Enabling/Two-Term Limit Legislative Leaders (Rules Com) .... 
Adjournment Sine Die 

(Res. 106) 162, 174, 175, 176, 183, 

Enabling/Repeal Chapter 954 — see S 901 (Res. 104) 

Enabling/Correct Error in Local Act — see S 900 (Res. 103) . . . 

Correct Error in Local Act/Town of Liberty (Ch. 1102) 169, 175. 

Repeal Chapter 954, Session Laws of 1983 (Ch. 1111) 173, 178. 

Designating Oak Ridge Military Academy (adopted) 183, 192. 



s 


877 


s 


878 


s 


879 


s 


880 


s 


881 


s 


882 


s 


883 


s 


884 


s 


885 


s 


886 


s 


887 


s 


888 


s 


889 


s 


890 


s 


891 


s 


892 


s 


893 


s 


894 


s 


895 


s 


896 


s 


897 


s 


898 


s 


899 


s 


900 


s 


901 


s 


902 



128, 144. 


137, 161. 


120, 156. 


. . . . 161. 


186, 187. 


162, 172. 


162, 168. 



1984] SENATE JOURNAL 251 

NUMERICAL INDEX 

HOUSE OF REPRESENTATIVES 



The identical bill number, when appUcable, and the final action on the measure are noted 
following the title. When ratified, the Chapter Number of the Session Laws is reflected. 

BILLS/RESOLUTIONS Page Nos. 

Sales Tax on Medical Equipment (Ch. 1071) 118, 130, 156. 

Operations and Capital Improvements/1984-85 (Ch. 1034) 115, 137. 

Gift Exclusion Increased (Ch. 1023) 86, 106, 124, 126. 

Income in Respect of Decedent (reref Appr Com) 81. 

Spouses Share Gift Tax Exclusion (Ch. 1024) 86, 106, 124, 127. 

Review of New Licensing Bills (Ch. 1089) . . . 133, 147, 154, 157, 158, 161. 

Inheritance Tax Credit Increased (Ch. 1032) 86, 117, 130, 137. 

Hospice Licensing Act (Ch. 1022) 106, 111, 117. 

Probation/Procure Proper License (Ch. 972) 15, 17, 36, 53, 95. 

Attorney's Fees/Civil Action (Ch. 1039) 72, 90, 101, 111, 124, 137. 

Conservation Tillage Equipment Tax Credit (Ch. 969) 37, 69, 76, 83. 

Wake ABC Board Composition (Ch. 1040) 113, 137. 

Fuel Tax Refund/Garbage Truck (Ch. 1025) 86, 106, 124, 127. 

Corporation Solar Tax Credit (Ch. 1104) 53, 80, 165, 175. 

Individual Solar Tax Credit (Ch. 1105) 53, 80, 165, 175. 

Allow Purchase of Service of Judicial Clerks 

(Ch. 1041) 114, 134, 137. 

Worker's Comp Filing Extended (tabled) 132, 134, 140. 

Various Studies — LRC 

(Ch. 1112) 55, 70, 89, 101, 168, 169, 182. 

Enforcement During Appeal/ Alimony (reref Spec W & M) 17. 

1985 Convening Date (Ch. 949) 49, 69, 71. 

Alteration of Marriage License (Conf rpt adopted) 177. 

Tax Credit for Gleaned Crops (Ch. 1018) 38, 63, 76, 117. 

Alexander/Catawba Memorial Hospital (Ch. 1051) 127, 129, 138, 144. 

Worker's Comp/10 or More Farm Workers 

(Ch. 1042) 114, 124, 142. 

Water System Dedication Regulations 

(Ch. 1080) 107, 125, 127, 152, 154, 161, 163. 

DWI School/County of Residence (Conf Com appointed) 97, 110, 153. 

Utilities Comm/Powers and Duties (Ch. 1043) 114, 125, 142. 

Mooresville School Dist Enlarged (Iredell) 

(Ch. 1048) 102, 107, 111, 144. 

Omnibus Statewide Appropriations (Ch. 1116) 178, 183, 184, 186. 

Inactive Hazardous Dump Clean-Up (reref Appr Com). . . 55, 77, 102, 110. 

Applicant for Receiver Give Bond (Ch. 994) 35, 53, 59, 103. 

Rule Against Perpetuities Reform (tabled) 8, 15. 

Retirement Benefits Restriction (Double Dipping) 

(Ch. 1106) 61, 134, 140, 153, 171, 173, 175. 

Cape Fear Pilotage Commission (Ch. 1081) 156, 157, 161. 

Cherokee County Industrial Park Exempt (Ch. 939) 26, 35, 52, 54. 

Sales Tax on Used Vehicle — 1 

(S 726 Fin Com) (Ch. 1065) 31, 80, 90, 101, 144. 



H 


9 


H 


80 


H 


88 


H 


89 


H 


104 


H 


110 


H 


158 


H 


370 


H 


385 


H 


474 


H 


541 


H 


578 


H 


650 


H 


665 


H 


666 


H 


687 


H 


721 


H 


738 


H 


790 


H 


907 


H 


933 


H 


1099 


H 


1165 


H 


1261 


H 


1283 


H 


1332 


H 


1365 


H 


1369 


H 


1376 


H 


1383 


H 


1398 


H 


1405 


H 


1413 


H 


1451 


H 


1480 


H 


1482 



H 


1483 


H 


1484 


H 


1485 


H 


1486 


H 


1488 


H 


1491 


H 


1492 


H 


1493 


H 


1494 


H 


1495 


H 


1496 


H 


1498 


H 


1499 


H 


1500 


H 


1501 


H 


1503 



252 SENATE JOURNAL [Second Session 

Gasohol Refund Technical Change (Ch. 1003) 22, 96, 110, 117. 

No Sales Tax on Shopper's Guide (reref Appr Com) 26, 81. 

Revenue Laws Technical Changes (Ch. 1004) 31, 96, 110, 117. 

Unitary Method of Taxation (Res. 67) 31, 49, 69, 71. 

Collection of Nonresident's Tax (Ch. 1005) 26, 96, 110, 117. 

Speaker's Appointments (Ch. 1070) 114, 120, 140, 144. 

Statesville Museum Lease (Ch. 940) 27, 36, 52, 54. 

Cherryville Absentee Voting (Ch. 935) 27, 30. 

Incorporate Walkertown (Ch. 936) 22, 28, 33, 35. 

Enabling/Statewide Screening MetaboUc Disorders — see H 1753 

(S 703 Appr Com) (Res. 68) 31, 49, 70, 71. 

Appropriation 1984-85 Fiscal Year 

(S 703 Appr Com) (Ch. 971) 61, 77, 83. 

Washington Land to Chamber of Commerce (Ch. 941) 27, 36, 52, 54. 

Enabling/Contracts for Airport Construction and 

Repair — see H 1768 (Res. 69) 31, 49, 70, 72. 

Supplemental Income Ret Plan (S 758 H ppi) (Ch. 975) 87, 95. 

Pitt Land Lease (Ch. 942) 27, 36, 52, 55. 

EnabUng/Reciprocal Acquisitions Savings and 

Loan Assn — see S 807 (Res. 57) 31, 35. 

H 1504 Enabling/Limiting State Aid to Airports — see H 1789 

(Res. 85) 32, 96, 110, 113. 

H 1509 Enabhng/Technical Changes in Safe Roads Act — see H 1660 

(Res. 56) 22, 24. 

H 1510 Enabling/Federal Assistance for N C Airports — see H 1788 

(Res. 86) 32, 96, 110, 113. 

Dare Co Street Assessments (Ch. 1052) 35, 122, 125, 138, 144. 

Federal Refund of State Utilities Tax 

(Ch. 1097) 59, 106, 123, 140, 151, 168. 

Lenoir Agri-Indus Commission (reref Loc Gov Com) 27, 36, 53, 109. 

Micro Annexation (Ch. 943) 27, 36, 52, 63, 71. 

Executive Branch Board Abolishments (Ch. 995) 32, 49, 70, 103. 

Extend Board Sunset Provisions (Ch. 1053) 87, 120, 140, 144. 

Siler City Alcohol Sales Provisions (Ch. 938) 27, 36, 53, 55. 

Harrisburg Fire District (Ch. 937) 22, 29, 33, 35. 

Public Utilities Confirmation (Res. 62) 51, 55, 64. 

Dare County/Duck Area District (Ch. 991) 81, 90, 100, 104. 

Dune Protection Kitty Hawk (Ch. 1026) 105, 113, 123, 127. 

Polk Commissioners Expanded (Ch. 976) 81, 90, 95. 

Rutherford Littering Enforcement (Ch. 977) 59, 72, 91, 95. 

Enabling/ Act to Regulate Raffles — see H 1754 

(Res. 70) 32, 49, 70, 79. 

Orange One-Stop Voting Location (Ch. 978) 59, 72, 91, 95. 

Higher Education Regulation (Ch. 1006) 87, 96, 110, 117. 

Lumberton Force Account (Ch. 950) 59, 71. 

Washington Assessment Reduction (Ch. 951) 59, 79. 

Wake School Board Offices Election (Ch. 952) 62, 79. 

Local Gov't Retirement Increase (Ch. 1044) 88, 107, 125, 142. 

Fair Bluff Town Elections (Ch. 1007) 87, 96, 109, 117. 

Honoring Sam D. Bundy (Res. 58) 27, 33, 35. 

Courts Appropriations (Ch. 1109) 131, 132, 133, 178. 

Municipality Annexation/Mecklenburg (Ch. 953) 59, 79. 



H 


1511 


H 


1513 


H 


1515 


H 


1516 


H 


1517 


H 


1518 


H 


1520 


H 


1523 


H 


1524 


H 


1525 


H 


1526 


H 


1528 


H 


1529 


H 


1531 


H 


1532 


H 


1535 


H 


1536 


H 


1541 


H 


1543 


H 


1544 


H 


1547 


H 


1548 


H 


1551 


H 


1552 



1984] SENATE JOURNAL 253 

Charlotte Uptown Development Projects (Ch. 954) 60, 79. 

Charlotte City Council Voting (Ch. 1008) 87, 96, 109, 117. 

Charlotte Zoning Petition (Ch. 955) 60, 79. 

Charlotte Convention Center (Ch. 956) 60, 79. 

Charlotte Firemen's Retirement (Ch. 1054) 52, 120, 139, 144. 

Moore County-ABC Board (Ch. 957) 60, 79. 

Jones Road Hunting Referendum (Ch. 979) 60, 72, 91, 95. 

Lincoln Property Tax Discount (Ch. 958) 60, 79. 

Duplin Force Account (Ch. 959) 60, 79. 

Jones Land Conveyance (Ch. 960) 60, 79. 

Chapel Hill Development (Ch. 961) 62, 79. 

School Reform Act of 1984 

(S 765 Sp W&M Com) (Ch. 1103) 87, 114, 124, 159, 164, 171, 175. 

Cherokee Room Occupancy Tax (Ch. 1055) 87, 106, 122, 138, 144. 

Enabling/DOTAVater Line Relocations — see H 1793 

(Res. 89) 51, 120, 127. 

Enabling/Mineral Rights — See H 1794 (Res. 90) 52, 121, 127. 

Craven Room Occupancy Tax (Ch. 980) 62, 77, 91, 95. 

Four Oaks Annexation (Ch. 981) 62, 77, 91, 95. 

Enabling/Raffle Laws (Rules Com) 52. 

Person Commissioners' Primary (Ch. 932) 22, 24. 

Oxford Zoning (Ch. 1027) 105, 113, 123, 127. 

Oxford Street Assessments (Ch. 982) 62, 77, 91, 95. 

Maint of Health Education Facilities Sales 

(Ch. 1056) 105, 128, 141, 144. 

Lumberton Vacancies (Ch. 1009) 87, 97, 109, 117. 

Cumberland Room Occupancy Tax (Ch. 983) 62, 78, 91, 95. 

Weldon School Elections (Ch. 984) 81, 92, 95. 

Calabash ABC Profits (Ch. 1010) 87, 97, 109, 117. 

Long Beach Room Occupancy Tax (Ch. 985) 62, 78, 92, 95. 

Trapping Regulated — Brunswick County (Ch. 1011) ... . 87, 97, 109, 117. 
Ocean Isle Sewage Assessments 

(Ch. 1057) 87, 97, 108, 119, 130, 139, 144. 

Lincoln County Weapon Permits (Ch. 962) 62, 79. 

Clean Detergent Act (unf rpt) 82, 180. 

Kannapolis School Pay Day (Ch. 963) 62, 79. 

Charlotte Development (Ch. 964) 60, 79. 

Alleghany Development (Ch. 965) 60, 80. 

Huntersville Zoning (Ch. 966) 61, 80. 

Walstonburg Property Sales (Ch. 986) 61, 73, 92, 95. 

Lumberton Room Occupancy Tax (Ch. 1028) 87, 97, 108, 122, 135. 

Unlawful Water Hook-up (Dare) (Ch. 967) 61, 80. 

Pawnbrokers in Dare County (Ch. 968) 61, 80. 

New Hanover Room Tax Distribution (Ch. 987) 82, 92, 95. 

Guilford Room Occupancy Tax (Ch. 988) 63, 78, 92, 95. 

Broadway Property Tax Discount (Ch. 1012) 87, 97, 109, 117. 

Edenton Annexation (Ch. 989) 61, 78, 92, 95. 

Incorporate Town of Shallotte Point 

(Ch. 1029) 88, 97, 108, 122, 135. 

Unlicensed Shampooing Allowed (Ch. 990) 61, 73, 93, 95. 

Hospital Conflict of Interest Law (Ch. 1058) 105, 129, 141, 144. 

Part-Time Retire Credit Purchases (Ch. 1030) 88, 106, 126, 135. 



H 


1553 


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1554 


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1555 


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1556 


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1557 


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1558 


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1559 


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1560 


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1561 


H 


1562 


H 


1563 


H 


1567 


H 


1572 


H 


1573 


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1574 


H 


1575 


H 


1576 


H 


1581 


H 


1582 


H 


1583 


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1584 


H 


1587 


H 


1588 


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1590 


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1591 


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1594 


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1595 


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1596 


H 


1597 


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1602 


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1603 


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1604 


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1605 


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1608 


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1609 


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1610 


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1615 


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1616 


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1617 


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1619 


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1621 


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1623 


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1624 


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1625 


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1626 


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1630 


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1632 



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1633 


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1652 


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1657 


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1658 


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1660 


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1663 


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1670 


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1676 


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1681 


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1682 


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1683 


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1689 


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1697 


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254 SENATE JOURNAL [Second Session 

Pollution Control Amendments (Ch. 1014) 88, 97, HI, 117. 

Public Radio Sales Tax Refund (Fin Com) 146. 

Depts Study Right-To-Know — 2 (reref Appr Com) 75, 138, 152. 

Enabling/Statutes to Conform with Rules of Evidence — see H 1739 

(Res. 61) 52, 55. 

Boating Safety Study (Ch. 1059) 88, 121, 141, 144. 

Water Safety Local Committees (Ch. 1082) 88, 157, 161. 

Tech Changes/Safe Roads Act (Ch. 1101) 120, 121, 128, 141, 175. 

Enabling/ Amending Weight Limits (Res. 91) 61, 121, 127. 

Enabling/Political Com to Conduct Raffles — see H 1798 

(Res. 83) 75, 89, 102, 104. 

Advertise Tax Lien Only Once (Ch. 1013) 75, 82, 93, 97, 111, 117. 

Merge Judicial Office Retirement (Ch. 1031) 88, 107, 126, 135. 

Clarify Nuclear Materials Tax Exempt 

(Ch. 1060) 93, 118, 130, 139, 145. 

Enabling/NC Straight-Ticket Voting — see H 1796 

(Res. 92) 61, 121, 127. 

Roanoke Voyages Commission (Ch. 1115) 184, 187. 

Enabling/Public Sewer System — see H 1795 (Res. 93) 75, 121, 127. 

Exempt Joint Tenants Inheritance Tax (Ch. 1035) 108, 118, 130, 137. 

Child Support Payroll Deduction (Ch. 1036) 107, 118, 130, 137. 

Enabling/Increase Medical Fees by NC — see H 1777 

(Res. 78) 75, 89, 93, 95. 

NCAE/NCSBA Retirement Options (Pen & Ret Com) 146. 

PubUc Hospital Sales Lease 

(S 786 reref St Gov) (Ch. 1066) 107, 113, 126, 131, 141, 145. 

H 1713 Enabling/Three Administrative Bills — see H 1775/1778 

(Res. 73) 75, 80. 

H 1717 Enabling/Modify Nursing Home Certificates — see S 744 

(Res. 84) 75, 89, 102, 104. 

EnabUng/Codify Certain Crimes — see H 1779 (Res. 79) 93, 96. 

Life Insurance Death Benefit (Ch. 1049) 114, 134, 145. 

EnabUng/Eastern Band of the Cherokee — see H 1797 

(Res 94) 88, 121, 127. 

Enabling/Criminal History Information — see H 1780 

(Res. 95) 88, 121, 127. 

Conform to Evidence Rules (Ch. 1037) 88, 119, 131, 137. 

EnabUng/Exempt Salesmen Time Share Act — see H 1790 

(Res. 80) 93, 96. 

Continue Screening/Neonatal MetaboUc (Res. 81) 93, 96. 

Raffle Law Revision 

(Ch. 1107) 102, 107, 121, 141, 151, 156, 157, 166, 167, 

169, 173, 174, 176, 178. 

Airports/Letting of Contracts (Ch. 1033) 105, 113, 126, 137. 

UNC Capital Projects (S 852 H ppi) (Ch. 1061) 108, 123, 139, 145. 

Bonds and Assessments (Ch. 1062) 108, 125, 139, 145. 

NC Federal Property Agency (Res. 98) 132, 134, 145. 

Enabling/Safe Driver Insurance Plan — see H 1799 

(Res. 96) 114, 118, 131, 137. 

Medical License Fees Raised (Ch. 1063) 106, 118, 131, 140, 145. 

Fish Confiscation (Ch. 1083) 146, 158, 161. 

Codify Certain Crimes and Defenses (Ch. 1050) 132, 135, 145. 

Recodify APA (unf rpt) 162, 180, 181. 



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1984] SENATE JOURNAL 255 

State Paid Holidays Approval (Failed 2nd rdg) 146. 

Purchase of Navigational Aids (Ch. 1093) 146, 163, 167. 

Financial Aid to Airports (Ch. 1094) 133, 138, 152, 163, 167. 

Eighth District Primary (Ch. 1095) 146, 163, 167. 

Enabling/Honoring Ralph Campbell, Sr — see H 1801 

(Res. 102) 163, 166, 167. 

Water Lines in Highways (Ch. 1090) 146, 159, 161. 

Notice to Extinguish Mineral Rights (Ch. 1096) 146, 164, 167. 

Renew Sewer Systems Eminent Domain (Ch. 1084) 146, 158, 161. 

Straight Ticket Voting (Ch. 1099) 146, 158, 168. 

Cherokee Advisory Council (Ch. 1085) 146, 158, 161. 

Political Committee Raffles 

(Rules Com) (Amd #3-H 1754 tabled) 166. 

Clarify Insurance Plan (Rules Com) 174. 

Honoring Ralph Campbell, Sr (Res. 105) 172, 175. 



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258 SENATE JOURNAL [Second Session 

ALPHABETICAL INDEX 



ABC — see Alcoholic Beverage Control 
AHEC— see Public Health 
Absence, leave of — see individual Senator 
Adjournment — see General Assembly 
Administration of Estates — see Estates 
Administrative Procedure 

H 1784 (unf rpt) 162, 180, 181. 

Adoption — see Child Welfare 

Advisory Budget Commission 202. 

Aeronautics 
Airport 

Construction Contract Bids 

H 1768 (Ch. 1033) 105, 113, 126, 137. 

Navigational Aids Purchases/Federal Assistance 

H 1788 (Ch. 1093) 146, 163, 167. 

State Financial Aid 

H 1789 (Ch. 1094) 133, 138, 152, 163, 167. 

First Flight Society Funds 

S 844 (Appr Com) 84. 

Aged 

Adult Day Care Funds 

S 748 (H 1646 H ppi) (Appr Com) 20. 

Domiciliary Home Confidentiality 

S 745 (H 1644 H ppi) (Ch. 1076) 19, 89, 101, 154, 156. 

Parent Support 

Income Tax Deduction 

S 21 (H 45) (Ch. 1072) 118, 126, 129, 154, 156. 

Senior Citizen Centers 

S 747 (H 1645 H ppi) (Appr Com) 19. 

Watauga 

S 883 (Appr Com/see S 187-Ch. 1114) 104. 

Waynesville 

S 876 (Appr Com/see S 187-Ch. 1114) 100. 

Agriculture 

Agriculture Facilities Finance Agency Appointment 

H 1491 (Ch. 1070) 114, 120, 140, 144. 

Agricultural Marketing Funds 

S 804 (Appr Com) 51. 

Apple Grading System/Cherokee's Farmers Market 

S 879 (Appr Com) 104. 

Crop Lien Filing Amendments 

S 723 (reref Appr Com/see H 1376-Ch. 1116) 13, 18, 29. 

Crop Lien Filing System 

S 729 (Appr Com/see H 1376-Ch. 1116) 15. 

Farmers Market/Fayetteville Funds 

S 754 (Appr Com/see S 187-Ch. 1114/H 1376 Ch. 1116) 20. 



1984] SENATE JOURNAL 259 

Agriculture (continued) 

Fletcher Center Funds — 3 

S 858 (H 1699 H ppi) (Appr Com/see H 1376-Ch. 1116) 86. 

Gleaned Crops Income Tax Credit 

H 1099 (Ch. 1018) 38, 63, 76, 117. 

Laurel Springs Livestock Funds 

S 768 (Appr Com/see S 187-Ch. 1114) 25. 

Milk Commission Appointment 

H 1491 (Ch. 1070) 114, 120, 140, 144. 

Milk Commission Assessments 

H 1772 (Ch. 1062) 108, 125, 139, 145. 

Poultry 

Breeder Research Facility Funds 

S 823 (Appr Com/see H 1376-Ch. 1116) 58. 

Disease Diagnostic Service 

S 816 (Appr Com) 57. 

Tillage Equipment Tax Credit 

H 541 (Ch. 969) 37, 69, 76, 83. 

Tobacco Federal Excise Tax Drop Urged 

S 787 (Res 97) 34, 143. 

Ten- Worker Farms 

H 1261 (Ch. 1042) 114, 124, 142. 

Air — see Natural and Economic Resources (Pollution Control) 
Airport — see Aeronautics; Individual County 
Alamance County — District 21 — Senator Cary D. Allred 
Local Appropriations 

S 187 (H 377) (Ch. 1114) 177, 181, 184, 186. 

Sec. 88 Sword of Peace 

141 Burlington Boys Choir 
242 Wesley Hall of Alamance 
301 Alamance Energy Service 
Alcoholic Beverage Control — see Individual County 
Alexander County — District 26 — Senator T. Cass Ballenger 

Senator William W. Redman, Jr. 
Hospitals Garnish Wages 

H 1165 (Ch. 1051) 127, 129, 138, 144. 

Alford, Dallas L., Jr. — Senator Nash (part), Wilson — 10th District 

Absent With Leave 54, 71. 

Committee Assignments 
Conference — 

HB 1413 153, 172. 

Remarks Spread (Allsbrook) 41. 

Bills and Resolutions — (Senate Bill Numbers) 

Primary Sponsor 715. 

Co-Sponsor 702, 713, 750, 755, 764, 765, 817, 823, 825, 878. 

Alimony — see Married Persons (Divorce) 
Alleghany — District 24 — Senator Conrad R. Duncan, Jr. 
Senator George W. Marion, Jr. 
Economic Development Matching Funds 

H 1608 (Ch. 965) 60, 80. 

Local Appropriations 

S 187 (H 377) (Ch. 1114) 177, 181, 184, 186. 

Sec. 419 Laurel Springs Livestock 

498 Alleghany Co. EDA Grant Match 



260 SENATE JOURNAL [Second Session 

AUred, Gary D. — Senator Alamance, Caswell — 21st District 

Absent With Leave 18, 168. 

Remarks Spread (Allsbrook) 42. 

Bills and Resolutions — (Senate Bill Numbers) 

Primary Sponsor None. 

Co-Sponsor 702. 

Allsbrook, Julian R. — Senator Edgecombe (part), Halifax (part), 

Warren — 6th District 

Adjournment in Memory 53. 

Announcement of Death (May 15, 1984) 5. 

Resolution Honoring 

S 702 (Res 64) 7, 38, 54. 

Alzheimers Disease — see Diseases 
Ambulances — see Motor Vehicles (Emergency) 
Animals — see Agriculture; Wildlife 
Annexation — see Local Government, Individual County 
Anson County — District 17 — Senator Robert B. Jordan III 

Senator Aaron W. Plyler 
Local Appropriations 

S 187 (H 377) (Ch. 1114) 177, 181, 184, 186. 

Sec. 401 Anson Firemen's Assn. 

Appendix 189. 

Appointments — see also General Assembly; Appendix; Individual Member 
Lieutenant Governor/Speaker of the House 
Contract Appeals, State Board 
Public Employees Deferred Compensation, N.C. 

Board of Trustees 
Teachers and State Employees 

Comprehensive Major Medical Plan, Board of Trustees 
Retirement System, Board of Trustees 

S 894 (Ch. 1092) 137, 161. 

H 1491 (Ch. 1070) 114, 120, 140, 144. 

President Pro Tempore/Speaker of the House 
Cherokee Advisory Council 

H 1797 (Ch. 1085) 146, 158, 161. 

Private Protective Services Board 

S 842 (Ch. 1091) 84, 107, 124, 161. 

U. S. Constitution Bicentennial Commission 

S 846 (Appr Com/see H 1376-Ch. 1116) 74. 

Speaker of the House of Representatives 

Agricultural Facilities Finance Agency, N.C. 

Contract Appeals, State Board i 

Milk Commission, N.C. • -' 

Museum of Art, N.C. 

Private Protective Services Board 

H 1491 (Ch. 1070) 114, 120, 140, 144. 

Appropriations — see also Advisory Budget Commission 
ADAP Funds, Cleveland County 

S 720 (Appr Com) 13. 

Agricultural Marketing Funds 

S 804 (Appr Com) 51. 

Alzheimers Disease Program Funds 

S 795 (Appr Com/see H 1376-Ch. 1116) 50. 



1984] SENATE JOURNAL 261 

Appropriations (continued) 

Apple Grading/Cherokee Farmers Market Funds 

S 879 (Appr Com) 104. 

Ararat River Flood Control Funds 

S 805 (Appr Com) 56. 

Arts 

Frank Holder Dance Company Funds 

S 797 (Appr Com/see S 187-Ch. 1114) 50. 

Gastonia Little Theater Funds 

S 791 (H 1641 H ppi) (Appr Com/see S 187-Ch. 1114) 49. 

Haywood Repertory Theater Funds 

S 875 (Appr Com/see S 187-Ch. 1114) 99. 

Lincoln Arts Council Funds 

S 871 (Appr Com/see S 187-Ch. 1114) 99. 

Boat Ramp 

Cedar Island 

S 851 (Appr Com/see S 187-Ch. 1114) 84. 

Budget (see also S 187, H 1376) 
Special Provisions — 1984/85 

H 80 (Ch. 1034) 115, 137. 

Current Operations — 1984/85 

S 703 (Appr Com) 7. 

H 1496 (Ch. 971) 61, 77, 83. 

Celebrations/Festivals 
Apple Festival Funds 

S 718 (Appr Com/see S 187-Ch. 1114) 13. 

Asheville Street Festival Funds 

S 810 (Appr Com/see S 187-Ch. 1114) 56. 

Shakespeare Festival (Sec. 82) 

S 187 (H 377) (Ch. 1114) 177, 181, 184, 186. 

Smokies Heritage Festival Funds 

S 736 (Appr Com/see S 187-Ch. 1114) 18. 

Courts 

Personnel/Equipment 

H 1551 (Ch. 1109) 131, 132, 133, 178. 

Crime and Delinquency Council Funds 

S 834 (Appr Com/see S 187-Ch. 1114) 74. 

Crop Lien Fihng System 

S 729 (Appr Com/see H 1376-Ch. 1116) 15, 48. 

Cultural Resources/Eastern Office — Personnel Funds 

S 850 (Appr Com) 84. 

DMV ID Cards for 12-yr-Olds— 2 

S 832 (Appr Com/see H 1772-Ch. 1062 

H 1376-Ch. 1116) 59. 

Dispute Settlement Center Funds 
Cherokee County 

S 861 (Appr Com/see S 187-Ch. 1114) 98. 

Clay County 

S 868 (Appr Com/see S 187-Ch. 1114) 98. 

Graham County 

S 870 (Appr Com/see S 187-Ch. 1114) 99. 

Haywood County 

S 863 (Appr Com/see S 187-Ch. 1114) 98. 



262 SENATE JOURNAL [Second Session 

Appropriations (continued) 

Dispute Settlement Center Funds (continued) 
Henderson County 

S 814 (Appr Com/see S 187-Ch. 1114) 57 

S 864 (Appr Com/see S 187-Ch. 1114) 98 

Jackson County 

S 865 (Appr Com/see S 187-Ch. 1114) 98 

Macon County 

S 860 (Appr Com/see S 187-Ch. 1114) 98 

One Step Further 

S 833 (Appr Com/see S 187-Ch. 1114) 74, 

Polk County 

S 867 (Appr Com/see S 187-Ch. 1114) 98, 

Swain County 

S 866 (Appr Com/see S 187-Ch. 1114) 98 

Transylvania County 

S 869 (Appr Com/see S 187-Ch. 1114) 99 

Education Policy Rec Funds, Public 

S 764 (H 1569 H ppi) (Appr Com) 24 

Emergency Services (Fire/Rescue) 
Jonas Ridge Fire/Rescue Funds 

S 839 (Appr Com/see S 187-Ch. 1114) 83. 

McGrady Fire Dept. Funds 

S 891 (Appr Com/see H 1376-Ch. 1116) 135. 

Family Violence Program (Southwestern)/RESPECT, Inc. 

S 792 (Appr Com) 49. 

Farmers Markets , 

Cherokee/Apple Grading Funds 

S 879 (Appr Com) 104. 

Fayetteville Funds 

S 754 (H 1376-Ch. 1116) (Appr Com/see S 187-Ch. 1114) 20. 

Female Ex-offender Funds, Wake 

S 838 (Appr Com/see S 187-Ch. 1114) 74. 

First Flight Society Funds 

S 844 (Appr Com) 84. 

Forest 

Forestry Headquarters Funds •' 

S 708 (Appr Com/see S 187-Ch. 1114) 7. 

Randolph Headquarters Funds 

S 840 (Appr Com/see S 187-Ch. 1114) 84. 

Gaston College Training Funds 

S 710 (H 1490 H ppi) (Appr Com) 10. 

General Fund Bond Sinking Fund 

S 733 (reref Appr Com) 17, 38. 

Haywood Education Program Funds 

S 873 (Appr Com/see S 187-Ch. 1114) 99. 

Hazelwood Water Works Funds 

S 779 (Appr Com/see S 187-Ch. 1114). 26. 

Health Systems Agencies Funds 

S 743 (H 1614 H ppi) (Appr Com) 19. 



1984] SENATE JOURNAL 263 

Appropriations (continued) 
Hearing Impaired 

Eastern School Deaf Funds 

S 715 (Appr Com/see S 187-Ch. 1114) 12. 

Hearing Impaired Children's Funds 

S 887 (Appr Com/see H 1376-Ch. 1116) 105. 

Historic Site 

James Polk Funds 

S 794 (H 1696 H ppi) (Appr Com/see S 187-Ch. 1114) 50. 

Holocaust Council, Operational Funds 

S 857 (Appr Com/see S 187-Ch. 1114) 86. 

Indian Economic Training Funds 

S 822 (Appr Com/see H 1376-Ch. 1116) 58. 

Kannapolis YMCA Funds 

S 788 (Appr Com/see S 187-Ch. 1114) 35. 

Laurel Springs Livestock Funds 

S 768 (Appr Com/see S 187-Ch. 1114) 25. 

Local Appropriations — see Individual County 
Mental Health 

Adolescent Treatment Funds/Dix 

S 751 (Appr Com/see 187-Ch. 1114) 20. 

Autistic Adult Group Home Funds 

S 819 (Appr Com/see H 1376-Ch. 1116) 57. 

Autistic Adults Vocational Fund 

S 818 (Appr Com/see H 80-Ch. 1034) 57. 

Autistic Group Home Purchase Funds 

S 796 (Appr Com/see S 187-Ch. 1114) 50. 

Autistic Home Funds, High Point 

S 849 (H 1773 H ppi) (Appr Com) 84. 

Western Regional Complex Funds 

S 769 (Appr Com) 25. 

Merit Pay Fund, State Employee 

S 837 (Appr Com/see H 80-Ch. 1034) 74. 

Monument Funds, Gettysburg, N.C. 

S 707 (Appr Com/see H 1496-Ch. 971) 7. 

Museum 

Albemarle Museum Exhibit Funds 

S 806 (Appr Com/see S 187-Ch. 1114) 56. 

Gaston Art and History Museum Funds 

S 771 (H 1637 H ppi) (Appr Com/see S 187-Ch. 1114) 25. 

Salisbury Historic Railroad Station Funds 

S 711 (Appr Com/see S 187-Ch. 1114) 10. 

Schiele Museum Funds 

S 749 (H 1580 H ppi) (Appr Com/see S 187-Ch. 1114) 20. 

Nantahala Gorge Study Funds 

S 853 (Appr Com) 97. 

National Guard Armories Funds 

S 801 (Appr Com/see S 187-Ch. 1114) 50. 

Natural Heritage Programs Funds 

S 827 (H 1565 H ppi) (Appr Com/see H 1376-Ch. 1116) 73. 

Omnibus, Local — see Individual County 

S 187 (H 377) (Ch. 1114) 177, 181, 184, 186. 



264 SENATE JOURNAL [Second Session 

Appropriations (continued) 
Omnibus, Statewide 

H 1376 (Ch. 1116) : 178, 183, 184, 186. 

Parks 

Waynesborough Park Funds 

S 799 (Appr Com/see S 187-Ch. 1114) 50. 

Police Community Relations Funds 

S 808 (Appr Com/see S 187-Ch. 1114) 56. 

Poultry Disease Diagnosis Funds 

S 816 (Appr Com) 57. 

Poultry Research Facility Fund 

S 823 (Appr Com/see H 1376-Ch. 1116) 58. 

Prison/Chaplaincy Funds, Randolph 

S 841 (Appr Com/see S 187-Ch. 1114) 84. 

Private Child Care Funds 

S 714 (H 1505 H ppi) (Appr Com/see H 1376-Ch. 1116) 11. 

Radar Speed Watch Operator Funds 

S 820 (H 1715 H ppi) (Appr Com/see H 1376-Ch. 1116) 57. 

Rape Crisis Center Funds, Bates House 

S 872 (Appr Com/see S 187-Ch. 1114) 99. 

Recreation 

Gate City Junior Tennis Funds --- 

S 836 (Appr Com/see S 187-Ch. 1114) 74. 

Granite Falls Recreation Center Funds 

S 881 (Appr Com/see S 187-Ch. 1114) 104. 

Madison-Mayodan Recreation Funds 

S 793 (Appr Com/see S 187-Ch. 1114) 50. 

Regional Institution Definition/Implementation Funds 

S 770 (H 1672 H ppi) (Appr Com) 25. 

Restoration 

Burke Courthouse Funds 

S 781 (Appr Com/see S 187-Ch. 1114) 30. 

Cabarrus Courthouse Funds 

S 802 (Appr Com/see H 1376-Ch. 1116) 50. 

Campbell Folk School Funds 

S 888 (Appr Com/see S 187-Ch. 1114) 119. 

deRossett House (Sec. 29) 

S 187 (H 377) (Ch. 1114) 177, 181, 184, 186. 

Jones House Funds/Boone 

S 767 (Appr Com/see S 187-Ch. 1114) 25. 

Mt. Airy Restoration Foundation Funds 

S 843 (Appr Com/see S 187-Ch. 1114) 84. 

Murray's Mill Funds 

S 722 (Appr Com/see S 187-Ch. 1114) 13. 

Temperance Hall/McNeill House Funds 

S 784 (Appr Com/see S 187-Ch. 1114) 30. 

Thalian Hall Commission (Sec. 30) 

S 187 (H 377) (Ch. 1114) 177, 181, 184, 186. 

Wm. Penn Foundation Funds 

S 835 (Appr Com/see S 187-Ch. 1114) 74. 



1984] SENATE JOURNAL 265 

Appropriations (continued) 
Retirement 

Law Officer's Subsidy/Phase-out 

S 878 (Appr Com) 100. 

Retirement Credit/Temporary Employment 

S 776 (reref Appr Com) 26, 106. 

Roanoke Voyages and Elizabeth II Commission Funds 

H 1689 (Ch. 1115) (see also H 1376-Ch. 1116) 184, 187. 

Sanitary District Funds, Wilkes 

S 856 (Appr Com/see S 187-Ch. 1114) 85. 

Senior Citizens Center Funds 
Adult Day Care Funds 

S 748 (H 1646 H ppi) (Appr Com) 20. 

Senior Citizens' Centers Funds 

S 747 (H 1645 H ppi) (Appr Com) 19. 

Watauga County Funds 

S 883 (Appr Com/see S 187-Ch. 1114) 104. 

Waynesville Funds 

S 876 (Appr Com/see S 187-Ch. 1114) 100. 

Shellfish Waters Use Funds 

S 882 (Appr Com/see H 1376-Ch. 1116) 104. 

Student Legislature Funds 

S 824 (Appr Com/see H 1376-Ch. 1116) 58. 

Studies — see Studies 

Theatre — see Arts under this heading 

United States Constitution Bicentennial Commission Funds 

S 846 (Appr Com/see H 1376-Ch. 1116) 74. 

University of North Carolina 
Asheville Engineering Funds 

S 854 (Appr Com/see H 1376-Ch. 1116) 85. 

NCSU 

Fletcher Center Funds — 1 

S 716 (Appr Com) 12. 

Fletcher Center Funds — 2 

S 800 (Appr Com) 50. 

Fletcher Center Funds — 3 

S 858 (H 1699 H ppi) (Appr Com/see H 1376-Ch. 1116) 86. 

Welcome Center Funds, Aycock/Brown 

S 813 (Appr Com/see S 187-Ch. 1114) 57. 

Western Rockingham School Funds 

S 773 (Appr Com/see S 187-Ch. 1114) 25. 

Wildlife Hatchery Funds 

S 874 (Appr Com/see S 187-Ch. 1114) 99. 

Women's Prison Cultural Funds 

S 812 (Appr Com/see H 1376-Ch. 1116) 57. 

Archives and History 

Eastern Office (Greenville) 

S 850 (Appr Com) 84. 

Arrest — see Criminal Law; Criminal Procedure 
Arts — see also Appropriations (Arts) 

Budget Special Provisions — Art Museum Renovation 

H 80 (Ch. 1034) 115, 137. 

Museum of Art Board of Trustees Appointment 

H 1491 (Ch. 1070) 114, 120, 140, 144. 

12 



266 SENATE JOURNAL [Second Session 

Ashe County — District 24 — Senator Conrad R. Duncan, Jr. 
Senator George W. Marion, Jr. 
Local Appropriations 

S 187 (H 377) (Ch. 1114) 177, 181, 184, 186. 

Sec. 149 Ashe Historical Society 

410 Todd Fire Department ' ^ "'"'^ 

Assault — see Criminal Law ' '" 

Atomic Energy — see Energy 

Attorney General — see Judicial Department; State Officer 
Attorneys — see Judicial Department 
Auditor, State — see State Officers 
Autism — see Mental Health 
Automobile — see Motor Vehicle ' 

Automobile Insurance — see Insurance 
Avery County — District 27 — Senator James H. Edwards 
Senator Donald R. Kincaid 
Aviation — see Aeronautics 

'— B— 

Bail Bond — see Criminal Procedure 

Ballenger, T. Cass — Senator (Minority Leader) Alexander, Catawba, Iredell, 

Yadkin— 26th District 

Absent With Leave 18, 24, 37. 

Committee Assignments: ' '- 

Conference — 

SJR 892 175, 180. 

Bills and Resolutions — (Senate Bill Numbers) 

Primary Sponsor 722. 

Co-Sponsor 744, 750, 753, 755, 764, 765, 878. 

Ballots — see Elections 

Bankruptcy — see Civil Procedure (Money Judgments) 

Banking 

Interstate Banking Permitted 

S 706 (Ch. 1113) 7, 55, 76, 180, 182, 186. 

Interstate Savings and Loans Permitted 

S 807 (Ch. 1087) 56, 72, 90, 161. 

Voucher Requirement Exemption 
S 462 (H unf rpt) 
Barnes, Henson P. — Senator Greene, Wayne — 8th District 

Committee Assignments: 
Conference — 

SJR 897 175, 184. 

Remarks Spread (Allsbrook) 46. 

Bills and Resolutions — (Senate Bill Numbers) 

Primary Sponsor 757, 799. 

Co-Sponsor 702, 730, 755, 764, 765, 825, 878. 

Barnes, Richard W. — Senator Forsyth (part) — 20th District 

Absent With Leave 5, 10, 30, 83, 94, 160, 168. 

Committee Assignments: 
Conference — 
; SB 14 56, 112. 



1984] SENATE JOURNAL 267 

Barnes, Richard W. (continued) 

Votes/Excused: SB 706 76. 

Bills and Resolutions — (Senate Bill Numbers) 

Primary Sponsor None. 

Co-Sponsor 755, 764, 765, 825. 

Beach Access — see Natural and Economic Resources (Coastal Area) 
Beaufort County — District 1 — Senator Melvin R. Daniels, Jr. 
District 9 — Senator Vernon E. White 
Washington 

Assessment Reduction 

H 1541 (Ch. 951) 59, 79. 

Land Transfer 

H 1498 (Ch. 941) 27, 36, 52, 54. 

Local Appropriations 

S 187 (H 377) (Ch. 1114) 177, 181, 184, 186. 

Sec. 92 Pantego Academy 

129 Blackbeard Outdoors Drama 

130 Aurora Library 

208 Washington Civic Center 
351 Chocowinity Fire Department 
526 Belhaven City Hall 
Bed and Breakfast Establishments — see Public Health 
BeerAVine — see Alcoholic Beverage Control; Individual County 
Bertie County — District 2 — Senator J.J. Harrington 
Local Appropriations 

S 187 (H 377) (Ch. 1114) 177, 181, 184, 186. 

Sec. 97 Historic Hope Plantation 
98 King Bazemore House 
163.4 Hotel Freeman Restoration 
230 Northeast Center for Human Development 
Bids 

Cumberland Industrial Sites Sales Exemption 

S 895 (Ch. 1079) 120, 156. 

Bigamy — see Married Persons 

Billboards — see Transportation (Roads and Highways) 
Bingo — see Criminal Law (Gambling) 
Birth Control — see Medicine; Social Services 
Birth Registration — see Public Health 
Bladen County — District 18 — Senator R. C. Soles, Jr. 
Local Appropriations 

S 187 (H 377) (Ch. 1114) 177, 181, 184, 186. 

Sec. 356 Ammon Fire Department 

357 Tar Heel Fire Department 

358 Kelly Fire Department 

359 White Oak Fire Department - 

360 Hickory Grove Fire Department 

361 Lisbon Fire Department 

364 Carvers Creek Fire Department 

393 East Arcadia Fire Department 

394 Kelly Fire Department 

407 Carvers Creek Fire Department 
434 Clarkton Sewer 
Blind — see Handicapped 



268 SENATE JOURNAL [Second Session 

Block Grants 

Budget Special Provisions 

H 80 (Ch. 1034) 115, 137. 

Board of Governors — see Higher Education (UNC) 
Boards and Commissions — see also Appointments 
Abolished 

H 1517 (Ch. 995) 32, 49, 70, 103. 

Sec. 16 Chowan Regional Task Force 

11 Commercial and Sports Fisheries Advisory Committee 

8 Crime Prevention and Public Information Commission 
(Governor's Crime Commission) 

10 Education and Training Advisory Committee 
21 Edwin Gill Theater Project Selection Committee 

6 Employment Security Commission/ Advisory Council 
5 Future of North Carolina Commission 

18 Highway Contract Oversight Commission, NC 
20 International Year of the Disabled Person, Task Force 
4 Land Conservancy Corporation, NC 

1 New Horizons Task Force, NC 

7 Occupational Education Research Services Advisory Council 

2 Oil Re-refming Facility Board of Directors, NC 

17 Private Schools Advisory Committee - . 

3 Retired Senior Executives Advisory Committee 

9 Sudden Infant Death Syndrome Project Council 

13 Triad Park Commission 

15 Water Policy Advisory Committee/Clean Water Act 

14 Water Quality Council 

12 Water Safety Council, NC 
Water Safety Committee, NC (Local) 

H 1658 (Ch. 1082) 88, 157, 161. 

Created 

Awards Committee, NC (Sec. 22) 

H 1517 (Ch. 995) 32, 49, 70, 103. 

Disability Task Force (Sec. 64) 

H 80 (Ch. 1034) 115, 137. 

Geologists, NC Board for Licensing 

S 555 (Ch. 1074) 145, 156. 

Governmental Productivity, Governor's Commission (Sec. 19) 

H 1517 (Ch. 995) 32, 49, 70, 103. 

Hazardous Waste Treatment Commission, NC 

S 734 (H 1607 H ppi) (Ch. 973) 17, 36, 53, 63, 94. 

New Occupational and Professional Licensing Boards 

H 110 (Ch. 1089) 133, 147, 154, 157, 158, 161. 

Nutrient Sensitive Watersheds Committee (Sec. 110) 

H 80 (Ch. 1034) 115, 137. 

Occupational Therapy, NC Board 

S 436 (Ch. 1073) 145, 156. 

Pay Equity Advisory Committee (Sec. 146) 

H 80 (Ch. 1034) 115, 137. 

PubUc Employees Supplemental Income Retirement System 
Board of Trustees 

H 1500 (S 758 H ppi) (Ch. 975) 87, 95. 



1984] SENATE JOURNAL 269 

Boards and Commissions (continued) 
Created (continued) 

Roanoke Voyages and Elizabeth II Commission 

H 1689 (Ch. 1115) 184, 187. 

Study Commissions — see Studies 

United States Constitution Bicentennial Commission (Sec. 47) 

H 1376 (Ch. 1116) 178, 183, 184, 186. 

Diminished 

Law Enforcement Officers Retirement System, 
Board of Trustees (Sec. 241) 

H 80 (Ch. 1034) 115, 137. 

Expanded 

Science and Mathematics, NC School, Board of Trustees (Sec. 50) 

H 80 (Ch. 1034) 115, 137. 

Teachers and State Employees Retirement System 
Board of Trustees (Sec. 238) 

H 80 (Ch. 1034) 115, 137. 

Sunset Provisions Extended 

H 1518 (Ch. 1053) 87, 120, 140, 144. 

Women/Minorities Membership by Ratio 

S 730 (Res. 99) 15, 48, 68, 136, 143. 

Boats — see Natural and Economic Resources (Wildlife) 
Bonds — see also Criminal Procedure; Liens 
General Fund Bond Sinking Fund 

S 733 (reref Appr Com) 17, 38. 

Receiver Appointment Requirement 

H 1398 (Ch. 994) 35, 53, 59, 103. 

Boundaries — see State Government; Individual County 
Breathalyzer — see Alcohohc Beverage Control 
Bribery — see Criminal Law 
Bridge — see Transportation 

Brunswick County — Distict 18 — Senator R. C. Soles, Jr. 
Calabash ABC Profits Distribution 

H 1594 (Ch. 1010) 87, 97, 109, 117. 

Local Appropriations 

S 187 (H 377) (Ch. 1114) 177, 181, 184, 186. 

Sec. 103 Fort Fisher Ferry Guide 

104 4th of July Festival 

105 Oyster Festival 

106 Leland Library 

107 Brunswick Historic Site 

197 Topsail High School Improvement 

362 Calabash Rescue Squad 

363 Leland Fire Department 
379 Shallotte Rescue Squad 

395 Coastland Rescue 

396 Calabash Rescue Squad 

397 Waccamaw Rescue 

433 Brunswick County Development 
435 Waccamaw Park Improvements 
Long Beach Room Occupancy Tax 

H 1595 (Ch. 985) 62, 78, 92, 95. 

Ocean Isle Beach Sewage Assessments 

H 1597 (Ch. 1057) 87, 97, 108, 119, 130, 139, 144. 



270 SENATE JOURNAL [Second Session 

Brunswick County (continued) 
Shallotte Point Incorporated 

H 1625 (Ch. 1029) 88, 97, 108, 122, 135. 

Trapping Season Limited 

H 1596 (Ch. 1011) 87, 97, 109, 117. 

Budget — see Appropriations (Budget) 

Buncombe County — District 28 — Senator Robert S. Swain ... ; ; 

Senator Dennis Winner ;, ^ ,••,■■' 

Asheville Street Festival Funds , ." .^ ; 

S 810 (Appr Com/see S 187-Ch. 1114) '. .". ." 56. 

Dispute Settlement Center Grant-in- Aid 

H 1551 (Ch. 1109) 131, 132, 133, 178. 

Local Appropriations 

S 187 (H 377) (Ch. 1114) 177, 181, 184, 186. 

Sec. 15 Belle Chere Festival 

122 Richmond Pearson House 

124 YMI Cultural Center '' . , . ' 

125 Western Arts Council ., , 

168 UNC Asheville Athletic Facilities ;. 

169 WUNF Capital Improvements .. . ' . 
289 ElidaHome, Inc. 

307 WUNF Equipment ^~ c 

Bundy, Sam D. — Honored 

H 1548 (Res. 58) 27, 33, 35. 

Burke County — District 27 — Senator James H. Edwards , , ., ; 

Senator Donald R. Kincaid , ., 
Local Appropriations 

S 187 (H 377) (Ch. 1114) ' 177, 181, 184, 186. 

Sec. 8 Burke Courthouse 

150 "From This Day Forward" 
163.2 Rock School House ....;j.!:^; 

206 Freedom High Fitness Program ?. . ,, ,? 

207 East Burke Track Improvements , , 
234 Western Carolina Center . , : : 
344 Jonas Ridge Fire Rescue 

415 Burke Forestry Headquarters ! , -, 

499 Glen Alpine Recreation Foundation 

500 McGalliard Falls Park 
Burning — see Fire Protection 

Bus — see Motor Vehicle aj . ' 

Business — see Commerce ; ■ ;■ 

— c— ' ^.."";:r ■';.> 

Cabarrus County — District 22 — Senator Cecil R. Jenkins, Jr. 

Senator Kenneth R. Harris 
Senator W. Craig Lawing 
Senator Benjamin T. Tison III 
Harrisburg Fire District Tax 

H 1523 (Ch. 937) 22, 29, 33, 35. 






1984] ^ SENATE JOURNAL 271 

Cabarrus County (continued) 
Kannapolis School Pay Day 

H 1604 (Ch. 963) 62, 79. 

Local Appropriations 

S 187 (H 377) (Ch. 1114) 177, 181, 184, 186. 

Sec. 13 Cabarrus Fire/Rescue 
68 Mount Pleasant Museum 
446 Cannon Memorial YMCA Center 
Old Courthouse Funds 

S 802 (Appr Com/see H 1376-Ch. 1116) 50. 

Caldwell County — District 27 — Senator James H. Edwards 

Senator Donald R. Kincaid 
Local Appropriations 

S 187 (H 377) (Ch. 1114) 177, 181, 184, 186. 

Sec. 448 Granite Falls Center 
Camden County — District 1 — Senator Melvin R. Daniels, Jr. 
Local Appropriations 

Camden County Jail (Sec. 65) 

S 187 (H 377) (Ch. 1114) 177, 181, 184, 186. 

Campaign Contributions — see Elections 
Campbell, Ralph — Honored 

H 1801 (Res. 105) 172, 175. 

Candidacy — see Election 

Cape Fear Pilotage Commission — see Navigation 
Capital Punishment — see Criminal Law 
Carteret County — District 3 — Senator Joseph E. Thomas 
Local Appropriations 

S 187 (H 377) (Ch. 1114) 177, 181, 184, 186. 

Sec. 273 Carteret Senior Citizens 
373 Atlantic Beach Fire/Rescue 
386 Sea Level Fire/Rescue Squad 
420 Cedar Island Boat Ramp 
457 Cedar Point Boat Ramp 
Caswell County — District 21 — Senator Cary D. Allred 
Local Appropriations 

S 187 (H 377) (Ch. 1114) 177, 181, 184, 186. 

Sec. 90 Caswell Courthouse 
305 Caswell Civic Center 
i 481 Caswell County Board of Commissioners ■ 

482 Lake Farmers Park 
Catawba County — District 2(3 — Senator T. Cass Ballenger 

Senator William W. Redman, Jr. 
Civic Center Authority 

S 383 (H ppi) 
Hospitals Garnish 

H 1165 (Ch. 1051) 127, 129, 138, 144. 

Local Appropriations 

S 187 (H 377) (Ch. 1114) 177, 181, 184, 186. 

»•-: Sec. 4 Murray's Mill Fund 

f«-: .io; ,. 155 Arts Funds 

233 Sheltered Workshop 
Celebrations — see Appropriations 



272 SENATE JOURNAL [Second Session 

Cemeteries 

Cemetery Districts Allowed 1 . 

S 877 (Ch. 1078) 100, 109, 123, 156. 

Certificate of Need — see Medicine; Public Health 

Chatham County — District 16 — Senator Wanda Hunt . . 

Senator Russell Walker 
Local Appropriations 

S 187 (H 377) (Ch. 1114) 177, 181, 184, 186. 

Sec. 159 Pittsboro Community House 
261 Chatham Trades 
299 Chatham Rape Crisis r^.-; > '■•.''-. j 

522 Siler City Water/Sewer Project 

523 Pittsboro Water/Sewer Project •' .■ 

524 Haw River Assembly ' 
Siler City Alcohol Sales 

H 1520 (Ch. 938) 27, 36, 53, 55. 

Chemical Dependency — see Medicine (Drugs) 
Cherokee County — District 29 — Senator Charles Hipps 

Senator R. P. Thomas 
Farmers Market Under State Authority ■ • ; , : 

S 879 (Appr Com) 104. 

Land Disposal 

H 1480 (Ch. 939) 26, 35, 52, 54. 

Local Appropriations 

S 187 (H 377) (Ch. 1034) 177, 181, 184, 186. 

Sec. 172 School Enrichment 
313 Dispute Center 

340 Murphy Armory Funds ' > 

450 Cherokee City Development 
Room Occupancy Tax 

H 1572 (Ch. 1055) 87, 106, 122, 138, 144. 

Child Support — see Child Welfare; Married Persons (Divorce) 
Child Welfare 

Adolescent Treatment Funds/Dix ■; !". •- 

S 751 (Appr Com/see S 187-Ch. 1114) 20. 

Custody Mediation Pilot Program (Mecklenburg) 

H 1551 (Ch. 1109) 131, 132, 133, 178. 

Day Care/Private Child Care Funds 

S 714 (H 1505 H ppi) (Appr Com/see H 1376-Ch. 1116) 11. 

Support 

Garnishment of Wages 

S 514 (Ch. 1047) 131, 143. 

Payroll Deduction 

H 1701 (Ch. 1036) 107, 118, 130, 137. 

Suspended Sentence/Payment Insured 

S 790 (Ch. 1100) 49, 72, 90, 166, 168. 

Voucher Requirement Exemption 
S 462 (H unf rpt) 
Childers, Jack — Senator Davidson, Davie, and Rowan — 23rd District 

Absent With Leave 5, 10, 11, 14, 16, 18, 24, 30, 

34, 37, 54, 71, 83, 94, 103, 
116, 136, 143, 155, 160, 168, 179. 



1984] SENATE JOURNAL 273 

Chiropractor — see Medicine 

Chowan County — District 2 — Senator J. J. Harrington 
Edenton Annexation 

H 1624 (Ch. 989) 61, 78, 92, 95. 

Cigarette Tax — see Taxation (Tobacco) 

Cities, Towns and Municipalities — see Local Government 

Civil Procedure 

Attorney's Fee in Civil Actions 

H 474 (Ch. 1039) 72, 90, 101, 111, 124, 137. 

i Evidence 

^•' Rules of Evidence and Statutes Conformed 

H 1739 (Ch. 1037) 88, 119, 131, 137. 

Extinguishing Mineral Rights 

I H 1794 (Ch. 1096) 146, 164, 167. 

P Receiver Appointment Bond Requirement 

I H 1398 (Ch. 994) 35, 53, 59, 103. 

I' Clay County — District 29 — Senator Charles Hipps 

Senator R. P. Thomas 
Campbell Folk School Funds (Matching) 

S 888 (Appr Com/see S 187-Ch. 1114) 119. 

Local Appropriations 

S 187 (H 377) (Ch. 1114) 177, 181, 184, 186. 

Sec. 54 John Campbell Folk School 
176 School Enrichment 

330 Dispute Center 

331 Dispute Center 

332 Dispute Center 
367 Rescue Squad 

Clean Detergents — see Natural and Economic Resources 
Clerks of Court — see Judicial Department 
Cleveland County — District 25 — Senator Ollie Harris 

Senator Helen R. Marvin 
Senator Marshall A. Rauch 
Adult Development Activity Program 

S 720 (Appr Com) 13. 

Kings Mountain School Elections 

S 719 (Ch. 934) 13, 24. 

Local Appropriations 

S 187 (H 377) (Ch. 1114) 177, 181, 184, 186. 

Sec. 18 Council on Holocaust 
228 Shelby Childrens Center 
234 Western Carolina Funds 
442 Shelby Museum Park 
Coastal Area — see Natural and Economic Resources 
College — see Higher Education 

Columbus County — District 18 — Senator R. C. Soles, Jr. 
Fair Bluff Town Elections 

H 1547 (Ch. 1007) 87, 96, 109, 117. 

Local Appropriations 

S 187 (H 377) (Ch. 1114) 177, 181, 184, 186. 

Sec. 38 Watermelon Festival 

39 Chadburn Strawberry Festival 



274 SENATE JOURNAL [Second Session 

Columbus County (continued) - , 

Local Appropriations (continued) ' . - 

Sec. 199 Whiteville School Auditorium Restoration '^" : : i ' 

224 Columbus Senior Citizens Center ' '■ 

436 Tabor City Economic Development ■» j .!■•.!. .'> 

527 Tabor City Recreation/ Athletic Complex, Inc. ;'" i ,, . •, ; 

Commissioners — see Individual County : ^, ;> 

Commitment — see Mental Health ' 

Committees — see General Assembly (Senate); Individual Member 
Community Colleges — see Higher Education 

Community Service Restitution Program — see Criminal Procedure (Parole) 
Comparable Worth — see Studies 

Competency — see Judicial Department; Mental Health •■ ' 

Computer 

Literacy Program/Low-Income Family 

S 834 (Appr Com/see S 187-Ch. 1114) 74. 

Confirmations/Consents — see General Assembly 
Congress — see Resolutions, Joint 
Constitution, North Carolina 

Criminal Punishments . . _ 

S 631 (H 389) (H Const Com) , -• w ' 

Gubernatorial Single-Term Bill 

S 859 (Rules Com) 86, 97. 

Legislative Leaders Term/Election Bill 

S 896 (Rules Com) 161. 

Superintendent of Pubhc Instruction Appointive 

S 828 (H Rules Com) 58. 

Constitution, United States 
Bicentennial Commission 

S 846 (Appr Com/see H 1376-Ch. 1116) 74. 

Consumer Protection — see Criminal Law 
Contracts 

State Board of Appeals Appointment 

S 894 (Ch. 1092) 137, 161. 

Contractors 

Architects/Engineers Regulation 

S 543 (Ch. 970) 31, 55, 76, 83. 

Geologists Licensing Act 

S 555 (Ch. 1074) 145, 156. 

Controlled Substances — see Medicine 
Convening— see General Assembly 

Conviction — see Civil Procedure; Criminal Procedure; Prisons 
Correction Department — see Prisons 

Counseling — see Dispute Settlement Centers »- 

Counties — see Local Government; Individual County ' ■' 

Court — see Judicial Department - 

Craven County — District 3 — Senator Joseph E. Thomas 
Local Appropriations 

S 187 (H 377) (Ch. 1114) 177, 181, 184, 186. 

Sec. 22 Arts Council/Gallery 
154 Courthouse Funds 
Room Occupancy Tax ; > /■• . -' f . ■ '';;' 

H 1575 (Ch. 980) 62, 77, 91, 95. 



1984] SENATE JOURNAL 275 

Credit Union — see Banking 

Criminal Justice Education and Training Standards Commission — 

see Law Enforcement 
Criminal Law 

Bribery Law Offenses Redefined 

H 1779 (Ch. 1050) 132, 135, 145. 

Cable Television Services Theft/Misdemeanor 

S 845 (H 1757 H reref J III Com) (Ch. 1088) 84, 96, 110, 119, 126, 

128, 132, 161. 
Child Support Garnishment 

S 514 (Ch. 1047) 131, 143. 

Evidence 

Rules of Evidence and Statutes Conformed 

H 1739 (Ch. 1037) 88, 119, 131, 137. 

Gambling 

Raffle Deregulation 

H 1754 (Ch. 1107) 102, 107, 121, 141, 151, 156, 157, 

166, 167, 169, 173, 174, 176, 178. 
Raffles Allowed/Political Committee 

H 1798 (Rules Com) (Amd #3-H 1754 tabled) 166. 

Phosphorus Detergents Limited 

H 1603 (unf rpt) 82, 180. 

Sexual Offenses 

RESPECT, Inc. (Bates House) 

S 872 (Appr Com/see S 187-Ch. 1114) 99. 

Criminal Procedure 

Bail Bond Forfeitures 

S 681 (H ppi) 
Child Support on Suspended Sentence 

S 790 (Ch. 1100) 49, 72, 90, 166, 168. 

Execution Date Specified 

S 503 (reref Spec W & M Com) 72, 75. 

Hunting/Fishing Without License 

H 385 (Ch. 972) 15, 17, 36, 53, 95. 

Parole 

Community Service Restitution Program 

S 430 (Ch. 1098) 135, 141, 152, 159, 164, 166, 168. 

Punishments EstabUshed by Constitution 
S 631 (H 389) (H Const Com) 
Crops — see Agriculture 

Cumberland County — District 12 — Senator Anthony E. Rand 

Senator Lura Tally 
District 18— Senator R. C. Soles, Jr. 
Fayetteville Farmers Market Funds 

S 754 (Appr Com/see S 187-Ch. 1114/H 1376-Ch. 1116) 20. 

Industrial Sites Sales Exemptions 

S 895 (Ch. 1079) 120, 156. 

Local Appropriations 

S 187 (H 377) (Ch. 1114) 177, 181, 184, 186. 

Sec. 69 Fayetteville Museum Branch 
:,■■, ; , 121 Kemp Memorial Library Fund 

200 J. C. Jones Scholarship 



276 SENATE JOURNAL [Second Session 

Cumberland County (continued) 

Local Appropriations (continued) •?:>:,.■ I ;^ ^-'k ■.'/. 

Sec. 254 Learning Enrichment Program >;<.'' ,; . . 

255 Cumberland Association for Retarded ' h.<- ■■ v: 

256 Fayetteville Senior Citizens Center . > • 
355 Beaver Dam Fire/Rescue • ■ "? 
417 Fayetteville Municipal Market 

483 Beaver Dam Community Center , 

513 Spring Lake Civic Center 

514 Seventy-first Improvement Association, Inc. 

515 Fayetteville Business League 

516 Savoy Heights Recreation Development Council 

517 Seabrook Recreation Council 

518 Spivey Recreation Development Council 
Room Occupancy Tax 

H 1590 (Ch. 983) 62, 78, 91, 95. 

Currency/Bullion — see Taxation (Sales and Use) 
Currituck County — District 1 — Senator Melvin R. Daniels, Jr. 
Local Appropriations 

Corolla Boat Access (Sec. 456) '• 

S 187 (H 377) (Ch. 1114) 177, 181, 184, 186. 

Cystic Fibrosis — see Diseases 

— D— 

Dance Company/Festival Funds — see Appropriations (Arts) 

Daniels, Melvin Roy, Jr. — Senator Beaufort (part), Camden, Currituck, 

Dare, Hyde, Pasquotank, Perquimans, Tyrrell, 
and Washington (part) — 1st District 

Escorts Governor 8. 

Remarks Spread (Allsbrook) 42. 

Bills and Resolutions — (Senate Bill Numbers) 

Primary Sponsor 704, 806, 813, 844. 

Co-Sponsor 702, 715, 823, 825, 878, 882. 

Dare County — District 1 — Senator Melvin R. Daniels, Jr. 
Aycock Brown Welcome Center Funds 

S 813 (Appr Com/see S 187-Ch. 1114) 57. 

Duck Beautification Tax 

H 1525 (Ch. 991) 81, 90, 100, 104. 

Dune Regulation 

H 1526 (Ch. 1026) 105, 113, 123, 127. 

Local Appropriations 

Aycock Brown Welcome Center (Sec. 447) • ' 

Chicamacomico (Sec. 78) 

S 187 (H 377) (Ch. 1114) 177, 181, 184, 186. 

Pawnbrokers Permitted 

H 1617 (Ch. 968) 61, 80. 

Street Assessments 

H 1511 (Ch. 1053) 35, 122, 125, 138, 144. 

Water Hook-ups Unlawful 

H 1616 (Ch. 967) 61, 80. 



1984] SENATE JOURNAL 277 

Davidson County — District 23 — Senator Jack Childers 

Senator Robert M. Davis 
Local Appropriations 

S 187 (H 377) (Ch. 1114) 177, 181, 184, 186. 

Sec. 46 Lexington Library 

144 Davidson Historical Association 

163 Thomasville Library 

166 Finch Field Lights 

204 Davidson City Community College 

226 Domestic Violence 

258 Mental Health Association 

259 Sheltered Workshop 

260 Retarded Children 

398 Rescue 

399 Life Support 

439 Petersville Park 

440 Recreation Department 

493 Arcadia Booster Club Community Park 
Davie County — District 23 — Senator Jack Childers 

Senator Robert M. Davis 
Local Appropriations 

S 187 (H 377) (Ch. 1114) 177, 181, 184, 186. 

Sec. 48 Historical Association 
49 Library 
Davis, Robert M. — Senator Davidson, Davie, Rowan — 23rd District 

Committee Assignments: 
Conference — 

SB 430 152. 

Remarks Spread (Allsbrook) 44. 

Votes/Excused 

HB 1376 (Amendment No. 2) 178. 

Bills and Resolutions — (Senate Bill Numbers) 

Primary Sponsor 711, 712, 769, 823. 

Co-Sponsor 702, 755, 764, 765, 825, 827, 878. 

Day Care — see Aged; Child Welfare 

Deaf — see Handicapped (Hearing Impaired) 

Death — see Criminal Procedure; Medicine 

Death Penalty — see Criminal Procedure 

Defendants — see Criminal Law; Criminal Procedure 

Deferred Compensation — see Salaries 

Dentist — see Medicine 

Department Rules/Policies — see Administrative Procedures 

Detective — see Law Enforcement 

Disability Benefits — see Retirement 

Disasters — see Civil Defense 

Disease 

Alzheimer's Disease Program Funds 

S 795 (Ap'pr Com/see H 1376-Ch. 1116) 50. 

Cystic Fibrosis Tax Exemption 

S 731 (Ch. 1075) 16, 38, 68, 156. 

Dispute Settlement Center — see Appropriations; Individual County 
District Attorney — see Judicial Department 



278 SENATE JOURNAL [Second Session 

Districts, Senatorial 3. 

Divorce — see Married Persons 
Doctor — see Medicine 

Domiciliary Home — see Aged; Social Services 
Driver's License — see Motor Vehicles (License, Operator's) 
Drugs — see Medicine 

Drunk Driving — see Criminal Law (Drunk) 

Duncan, Conrad Riley, Jr. — Senator Alleghany, Ashe, Rockingham, Stokes, 

Surry and Watauga — 24th District 

Adjournment Motion 14, 82. 

Committee Assignments: 
Conference — 

HB 1376 179, 185. 

Select 

Special Ways and Means 12. 

Presence Recorded 16. 

Bills and Resolutions — (Senate Bill Numbers) 

Primary Sponsor 709, 766, 770, 772, 773, 793. 

Co-Sponsor 730, 733, 750, 755, 764, 765, 767, 768, 797, 

805, 825, 827, 878. 
Duplin County — District 5 — Senator Harold W. Hardison 
Force Account Use 

H 1561 (Ch. 959) 60, 79. 

Local Appropriations 

S 187 (H377) (Ch 1114) 177, 181, 184, 186. 

Sec. 135 Arts Council 

191 Wallace/Rose Hill Athletic Facilities 

192 Kenan High School Athletic Facilities 

193 North Duplin High School Athletic Facihties 

194 East Duphn High School Athletic Facihties 

195 Jones Senior High Athletic Facilities 
391 Law Enforcement Association 

Durham County — District 13 — Senator William G. Hancock, Jr. ,, 

Senator Kenneth C. Royall, Jr. - 

Local Appropriations 

S 187 (H 377) (Ch. 1114) 177, 181, 184, 186. 

Sec. 33 Museum of Life and Science 

34 Durham Arts Center ;.:, 

35 American Dance Festival 

186 NCCU Celebration , , , 

231 Durham Urban Ministries ^ 

246 DHA Youth Enrichment Program ^ ^ , 

247 Orange-Durham YWCA Coalition ,4.^; I" 

248 Lincoln Health Center - ; J' 
368 Probation Challenge Program , ;, 
404 Redwood Fire Department 

427 Operation Breakthrough >, 

458 Hayti Development Corporation 
School Pay Day 

S 762 (H 1601 H ppi) (Ch. 948) 21, 71. 

Shampooing by Licensed Personnel Requirement 

H 1626 (Ch. 990) 61, 73, 93, 95. 

DWI (Driving While Impaired) — see Motor Vehicles 



1984] SENATE JOURNAL 279 

— E — 

Edgecombe County — District 2 — Senator J. J. Harrington 

District 6 — Senator Julian R. Allsbrook 
—Senator Phillip W. Taylor 
Local Appropriations 

S 187 (H 377) (Ch. 1114) 177, 181, 184, 186. 

Sec. 253 Tri-county Rehabilitation 

462 Rocky Mount Opportunity Industries Center 

463 Edgecombe Land Trust 
Education — see also Higher Education; Individual County 

Adult Literacy Month Declared 

S 886 (Res 100) 119, 144. 

Elementary and Secondary School Reform Act 

S 765 (Spec W & M Com) 24. 

H 1567 (Ch. 1103) 87, 114, 124, 159, 164, 171, 175. 

Haywood Education Program Funds 

S 873 (Appr Com/see S 187-Ch. 1114) 99. 

Legislative Session 1985 Urged 

S 755 (H 1568 H reref Rules) (Spec W & M Com) 21. 

Public Education Policy Funds 

S 764 (H 1569 H ppi) (Appr Com) 24. 

Regional Institution Definition/Implementation Funds 

S 770 (H 1672 H ppi) (Appr Com) 25. 

NCAE/School Bd. Association Retirement Options 

H 1707 (Pen and Ret Com) 146. 

Salary— 1984-85 

H 80 (Ch. 1034) 115, 137. 

Superintendent of Public Instruction Appointive 

S 828 (H Rules Com) 58. 

Teachers Summer Employment Study 

S 885 (Appr Com) 119. 

Western Rockingham School Funds 

S 773 (Appr Com/see S 187 Ch. 1114) 25. 

Edwards, Elton — Senator Forsyth (part) and Guilford (part) — 19th District 

Committee Assignments: 

Conference — 

SJR 892 175, 182. 

Remarks Spread (Allsbrook) 46. 

Votes/Excused: 

SB 706 76, 182. 

SB 156 129. 

Bills and Resolutions — (Senate Bill Numbers) 

Primary Sponsor 892, 893, 902. 

Co-Sponsor 702, 729, 730, 733, 755, 764, 765, 

797, 818, 819, 825, 827, 833, 834, 

835, 836, 849, 862, 878. 

Edwards, James H. — Senator Avery, Burke, Caldwell, 

Mitchell, and Wilkes— 27th District 
Committee Assignments: 

SJR 892 180, 182. 

HB 110 133, 147. 

HB 933 177. 

HB 1283 153, 154. 



280 SENATE JOURNAL [Second Session 

Edwards, James H. (continued) 

Bills and Resolutions — (Senate Bill Numbers) 

Primary Sponsor 706, 707, 708, 781, 789, 

807, 839, 856, 881, 891. 

Co-Sponsor 702, 726, 729, 730, 737, 743, 747, 750, 755, 

764, 765, 783, 790, 797, 820, 825, 878. 
Elderly — see Aged ' ' ; 

Elections 

House of Representatives/District 8 Elections 

H 1791 (Ch. 1095) 146, 163, 167. 

Political Committee Raffles Allowed 

H 1798 (Rules Com) (Amd #3-H 1754 tabled) 166. 

Registration 

Straight Ticket Voting Bill 

S 889 (Filed Status) 105, 119. 

Straight Ticket Vote/Federal Compliance 

H 1796 (Ch. 1099) 146, 158, 168. 

Electrification — see Utilities 

Electronic Processing — see Appropriations; Computer 
Emergency Vehicles — see Motor Vehicles (Emergency) - 

Eminent Domain — see also Local Government; Individual County 
Public Sewer Condemnation 

H 1795 (Ch. 1084) 146, 158, 161. 

Employee — see Labor; State Personnel 

Enabling Legislation — see Resolutions (Joint) ' . ^,: , 

Energy 

Nuclear i > 

Property Tax Exemption 

H 1682 (Ch. 1060) 93, 118, 130, 139, 145. 

Solar 

Corporate Tax Credit 

H 665 (Ch. 1104) 53, 80, 165, 175. 

Individual Tax Credit 

H 666 (Ch. 1105) 53, 80, 165, 175. 

Engineer/Surveyor — see Contractors 
Environment — see Natural and Economic Resources 
Estates 

Administration 

Cost Reduction — 1 

S 728 (H Fin Com) 15, 37, 68. 

Perpetuities Reform Rule 

H 1405 (tabled) 8, 15. 

Voucher Requirement Bank Exemption • 

S 462 (H unf rpt) ' 

Evidence — see Civil/Criminal Procedure 
Execution — see Criminal Procedure 

_F— ,. ^■-^r: ■'■..;■;■ ■.•=..: m <■ , „.::?■■..:...'.;. H 

Fair Sentencing — see Criminal Law 

Family Violence Program — see Appropriations 

Farmer's Market — see Agriculture 



1984] SENATE JOURNAL 281 

Fees — see also Taxation; Individual Subject 
Felony — see Criminal Law 
Festivals — see Appropriations (Celebrations) 
Fire Protection — see also Individual County 
Jonas Ridge (Burke) 

S 839 (Appr Com/see S 187-Ch. 1114) 83. 

McGrady Fire Department Funds (Wilkes) 

S 891 (Appr Com/see H 1376-Ch. 1116) 135. 

First Flight Society — see Appropriations 
Fish — see Natural and Economic Resources; Wildlife 
Flood Control — see Natural and Economic Resources 
Food — see Agriculture 
Food Tax — see Taxation (Sales and Use) 
Forestry — see Natural and Economic Resources 
Randolph Forest Headquarters Funds 

S 840 (Appr Com/see S 187-Ch. 1114) 84. 

Forsyth County — District 19 — Senator Elton Edwards 

District 20 — Senator Richard W. Barnes 
Senator Marvin Ward 
Local Appropriations 

S 187 (H 377) (Ch. 1114) 177, 181, 184, 186. 

Sec. 40 Imagination Celebration 

41 NC Dance Theatre 

42 Winston Fine Arts Center 

43 Old Salem 

205 Afro Academics Olympics 
219 Winston Salem YWCA 
225 Forsyth Council on Drug Abuse 
271 Triad Poison Center 

286 Winston Salem Lake YWCA 

287 Forsyth Self Rehance 
298 Forsyth Job Skill 

383 Rural Hall Fire Department 

384 Union Cross Fire Department 

385 Lewisville Fire Department 

438 Pleasant Grove Community Center 

494 Nature Science Center 

495 Forsyth County Farm Museum 

496 Kernersville Exercise/Fitness Trail 
Walkertown Incorporated 

H 1494 (Ch. 936) 22, 28, 33, 35. 

Franklin County — District 11 — Senator James D. Speed 
Local Appropriations 

S 187 (H 377) (Ch. 1114) 177, 181, 184, 186. 

Sec. 223 Frankhn Senior Citizens 

424 Franklin Co. Industrial Development 
520 Louisburg Park Program 
Property Sale/Dispositon 

S 761 (Spec W&M Com) 21. 

Fuel — see Energy 



282 SENATE JOURNAL [Second Session 

— G — 

Gambling — see Criminal Law (Gambling) '- • . ■ ^ ' ;• ■ ■ ■ 

Garbage — see Public Health , •. 

Gasoline and Oil Regulations — see Energy 
Gaston County — District 25 — Senator Ollie Harris 

Senator Helen R. Marvin 
Senator Marshall A. Rauch 
Cherry ville Absentee Voting ,. 

H 1493 (Ch. 935) 27, 30. 

Gaston College Training Funds 

S 710 (H 1490 H ppi) (Appr Com) 10. 

Gastonia 

Airport Authority Powers 

S 752 (Ch. 945) 20, 71. 

Firemen Benefits Raised 

S 725 (Ch. 1016) 13, 38, 63, 116. 

Local Appropriations 

S 187 (H 377) (Ch. 1114) 177, 181, 184, 186. 

Sec. 5 Schiele Museum 

7 Art and History Museum 
10 Gastonia Little Theater 
87 Mt. Holly Beautification 
244 Gaston Battered Spouse 
Gates County — District 2 — Senator J.J. Harrington 
Local Appropriations 

S 187 (H 377) (Ch. 1114) 177, 181, 184, 186. 

Sec. 21 Gates Courthouse 

212 Gate City Jr. Tennis Academy 

341 One Step Further Dispute Center 

342 Crime and Delinquency Council 
General Assembly 

Adjournment, sine die 

S 897 (Res 106) 162, 174, 175, 176, 183, 186, 187. 

Confirmation/Consents 

Personnel Commission (Lyon) 112, 115, 129, 142. 

Utilities Commission (Branford) 64. 

H 1524 (Res. 62) 51, 55, 64. 

Convening Date — 1985 Session 

H 907 (Ch. 949) 49, 69, 71. 

Education Session Urged — 1985 

S 755 (H 1568 H reref Rules) (Spec W & M Com) 21. 

House of Representatives 

District 8 Elections 

H 1791 (Ch. 1095) 146, 163, 167. 

Joint Session — see Joint Sessions 

Legislative Confidentiality Amendments > ■; :, . . . 

S 780 (Ch. 1038) 30, 49, 69, 136. 

Legislative Research Commission 

Studies — see Studies — LRC , , 

New Occupational and Professional Licensing Boards 

H 110 (Ch. 1089) 133, 147, 154, 157, 158, 161. 



1984] SENATE JOURNAL 283 

General Assembly (continued) 
Senate 

Adjournment 

In Honor — Senator Julian R. Allsbrook 53. 

Sine Die 187. 

Committees, Conference 

SB 14 Eliminate Mandatory Retirement 56,111- 

SB 430 Early Parole/Community Service 152, 164. 

SJR 892 Designate Oak Ridge Military Academy 175, 181. 

SJR 897 Adjournment Sine Die 175, 183. 

HB 110 Review of New Licensing Bills 133, 147, 157. 

HB 933 Alteration of Marriage License 177. 

HB 1283 Water System Dedication Regulations 153, 154. 

HB 1332 DWI School/County of Residence 153. 

HB 1376 Omnibus Statewide Appropriations 179, 184. 

HB 1413 Retirement Benefits Restrictions 153, 171. 

HB 1754 Raffle Law Revision 173, 174. 

Committees, Select 

Special Ways and Means 12, 24. 

Committees, Standing 

Appropriations 6. 

Appropriations/General Government 6. 

Base Budget , 6. 

Human Resources '. 6. 

Judiciary 1 6. 

Public Utilities and Energy 6. 

Rules and Operation of the Senate 6. 

Ways and Means 6. 

Courtesies 

Family/Friends of Governor James B. Hunt 9. 

Representatives, Former 

Collins, P. C 103. 

Holshouser, James 103. 

Sandlin, Hugh 14. 

Senator, Former 

Raynor, Joe B 11. 

Other 

Walton, Senator Charles D. (Rhode Island) 168. 

Districts 3. 

Journal Approved 5, 10, 11, 14, 16, 18, 23, 29, 34, 

37,54,71,82,94,103,116,136, 
143, 155, 160, 168, 179. 

Pages 8, 11, 30, 83, 143. 

Prayer 

Burgess, Reverend Samuel A 70. 

Godwin, Reverend Claude (Senate Chaplain) 5, 10, 11, 

14, 16, 29, 34, 36, 54, 82, 
116, 136, 143, 155, 160, 167. 

Groner, Rabbi Yussi 103. 

Hardison, Senator Harold W 179. 

MacGeachy, Reverend Sandy 23. 

McLeod, Reverend John D 17. 

Miller, Reverend James H 94. 



284 SENATE JOURNAL [Second Session 

General Assembly (continued) 
Senate (continued) 

President — see State Officers (Lieutenant Governor) 
President Pro Tempore — see also Lawing, W. Craig — Senator 
Election/Term Limitation 

S 896 (Rules Com) 16L 

Resolutions — see Resolutions, (Senate) 
Rulings 

SB 187 Provisions in Tabled Bill 181. 

SB 706 House Amendment #1 Not Germane 180. 

SB 852 Call of Roll Required 89. 

HB 1369 Call of Roll Not Required 111. 

HB 1754 Previously Reconsidered 167. 

HB 1796 Provisions Tabled in Committee 158. 

HB 1798 Provision in Failed Bill 166. 

Staff 198. 

Voting — see Voting 
Student Legislature Funds 

S 824 (Appr Com/see H 1376-Ch. 1116) 58. 

Subsistence/Travel 

H 80 (Ch. 1034) 115, 137. 

Gift Deduction — see Taxation 
Gleaned Crops — see Agriculture 
Governor — see State Officers 

Graham County — District 29 — Senator Charles Hipps 

Senator R. P. Thomas 
Local Appropriations 

S 187 (H 377) (Ch. 1114) 177, 181, 184, 186. 

Sec. 74 Graham Courthouse 

175 Graham County School Enrichment 

336 Graham Dispute Center 

337 Graham Dispute Center 

338 Graham Dispute Center 
Grandparents — see Child Welfare 

Granville County — District 13 — Senator William G. Hancock, Jr. 

Senator Kenneth C. Royall, Jr. 
Local Appropriations 

S 187 (H 377) (Ch. 1114) 177, 181, 184, 186. 

Sec. 126 Granville Arts Council 

127 Granville Historical Society 

128 Lakeland Art Center 
285 Granville Hospital 

403 Creedmoor Rescue Squad 

412 Butner Rescue Squad 

413 Granville Rescue Squad 

480 Town of Creedmoor ' 

528 North Granville Emergency Medical Center 
Oxford 

Extraterritorial Zoning 

H 1583 (Ch. 1027) 105, 113, 123, 127. 

Street Assessments 

H 1584 (Ch. 982) 62, 77, 91, 95. 



1984] SENATE JOURNAL 285 

Gray, Rachel G. — Senator Guilford (part) — 32nd District 

Committee Assignments: 
Conference — 

SB 14 56, 112. 

Bills and Resolutions — (Senate Bill Numbers) 

Primary Sponsor 745, 746, 747, 748, 797, 849. 

Co-Sponsor 702, 714, 730, 733, 755, 764, 765, 

766, 783, 790, 823, 824, 825, 827, 
833, 834, 835, 836, 893. 
Great Smokies Park — see Resolutions, Senate 

Green, James C. — Lieutenant Governor — see State Officers (Lieutenant Governor) 
Greene County — District 8 — Senator Henson P. Barnes 
Local Appropriations 

S 187 (H 377) (Ch. 1114) 177, 181, 184, 186. 

Sec. 102 Greene County Arts Council 

250 Greene County Senior Citizens Center 

387 Scuffleton Fire Department 

388 Greene County Rescue Squad 

466 Greene County Economic Development 
Walstonburg Property Sale 

H 1610 (Ch. 986) 61, 73, 92, 95. 

Guardian — see Child Welfare; Judicial Department 
Guilford County — District 19 — Senator Elton Edwards 

District 31 — Senator William N. Martin 
District 32— Senator Rachel G. Gray 
Local Appropriations 

S 187 (H 377) (Ch. 1114) 177, 181, 184, 186. 

Sec. 12 Frank Holder Dance 

16 William Penn Foundation 
63 Eastern Music Festival 
70 William Fields House 

216 United Services for Older Adults 

217 Greensboro Family Services 

218 Teen Challenge of Greensboro 
274 Greensboro Senior Club 

292 Hayes-Taylor YMCA Funds 
437 Kernersville Lindsay Street Park 
525 Stokesdale Community Park 
Room Occupancy Tax 

H 1621 (Ch. 988) 63, 78, 92, 95. 

Triad Home for Autistic Adolescents 

S 849 (H 1773 H ppi) (Appr Com) 84. 

Guy, A. D. — Senator Onslow — 4th District 

Absent With Leave 18, 94, 136. 

Presence Recorded 24. 

Bills and Resolutions — (Senate Bill Numbers) 

Primary Sponsor 739. 

Co-Sponsor 702, 715, 729, 730, 733, 750, 

823, 825, 878. 
Halifax County — District 2 — Senator J. J. Harrington 

District 6 — Senator Julian R. Allsbrook 
Senator Phillip W. Taylor 



286 SENATE JOURNAL [Second Session 

Halifax County (continued) 

Local Appropriations :■•;;■, •/. ■:' -- ^ 

S 187 (H 377) (Ch. 1114) 177, 181, 184, 186. 

Sec. 27 Roanoke Canal Art 

28 First for Freedom . v -.■ ^si . , (.. 

421 Roanoke River Canal '■ 

461 Littleton Civic and Planning . ' 

Weldon School Elections 

H 1591 (Ch. 984) 81, 92, 95. 

Hancock, Jr., William G. — Senator Durham, Granville, Orange (part) 

> and Person — 13th District 

Absent With Leave 14. 

Bills and Resolutions — (Senate Bill Numbers) 

Primary Sponsor 762, 763, 884, 887. 

Co-Sponsor 727, 730, 755, 764, 765, 766, 

783, 786, 795, 797, 818, 819, 823, 825, 827. 
Handicapped — see also Mental Health; Medicine 
Hearing Impaired 
Children's Fund 

S 887 (Appr Com/see H 1376-Ch. 1116) 105. 

Eastern School for Deaf 

S 715 (Appr Com/see S 187-Ch. 1114) 12. 

Hardison, Harold W. — Senator Duplin, Jones, Lenoir 

and Pender (part) — 5th District 
Committee Assignments: 
Conference — 

SB 430 152. 

SJR 897 176, 184. 

HB 1376 (Chairman) 179, 185. 

Prayer 179. 

Remarks Spread (AUsbrook) 46. 

Bills and Resolutions — (Senate Bill Numbers) 

Primary Sponsor 703, 852. 

Co-Sponsor 724, 745, 750, 755, 758, 764, 765, 

766, 783, 796, 818, 819, 825, 878. 
Harnett County — District 14 — Senator Joseph E. Johnson 

Senator Wilham W. Staton 
Senator Wilma Woodard 
Local Appropriations 

S 187 (H 377) (Ch. 1114) 177, 181, 184, 186. 

Sec. 58 Fort Fisher : 

60 General Lee Museum 
! 201 Harnett County Schools '- t"' 

272 Gateway House 
455 Cape Fear Area QIC 
Harrington, Joseph J. — Senator Bertie, Chowan, Edgecombe (part), 

Gates, Halifax (part), Hertford, Martin (part), 
Northampton, and Washington (part) — 2nd District 

Absent With Leave 160, 168. 

Remarks Spread (AUsbrook) 42. 

Bills and Resolutions — (Senate Bill Numbers) 

Primary Sponsor None. 

Co-Sponsor 715, 730, 745, 746, 747, 748, 

755, 764, 825, 878. 



1984] SENATE JOURNAL 287 

Harris, Kenneth R. — Senator Cabarrus and Mecklenburg — 22nd District 

Absent With Leave 18, 94, 168. 

Committee Assignments: 
Select- 
Special Ways and Means 24. 

Bills and Resolutions — (Senate Bill Numbers) 

Primary Sponsor None. 

Co-Sponsor 702, 733, 750, 753, 755, 764, 765, 878. 

Harris, Ollie — Senator Cleveland, Gaston, Lincoln, Rutherford — 25th District 

Adjournment Motion 11, 29, 93. 

Committee Assignments: 
Conference — 

SB 14 (Chairman) 56, 112 

SJR 897 175, 184 

HB 1376 179,185 

KB 1413 153, 172 

HB 1754 173, 174 

Escorts Governor 8 

Remarks Spread (Allsbrook) 45 

Votes Excused— SB 728 68 

Bills and Resolutions — (Senate Bill Numbers) 

Primary Sponsor 713, 719, 720, 817. 

Co-Sponsor 702, 710, 714, 715, 724, 725, 733, 738, 

745, 746, 747, 748, 749, 750, 755, 764, 
765, 771, 791, 823, 825, 871, 878. 
Haywood County — District 29 — Senator Charles Hipps 

Senator R. P. Thomas 
Local Appropriations 

S 187 (H 377) (Ch. 1114) 177, 181, 184, 186. 

Sec. 20 Haywood Repertory Theater 
158 Canton Memorial Armory 
170 Haywood Educational Enrichment 
214 Waynesville Armory Renovation 

316 Haywood Dispute Center 

317 Haywood Dispute Center 

318 Haywood Dispute Center ; 

444 Balsam Hatchery/Waynesville 

445 Hazelwood Water Works 
Waynesville Senior Center Funds 

S 876 (Appr Com/see S 187-Ch. 1114) 100. 

Hazardous Waste — see Public Health 
Health — see Medicine; Public Health 
Health Facilities — see PubHc Health (Facilities) 
Hearing Impaired — see Handicapped 
Henderson County — District 29 — Senator Charles Hipps 

Senator R. P. Thomas 
Local Appropriations 

S 187 (H 377) (Ch. 1114) 177, 181, 184, 186. 

Sec. 3 Henderson Apple Festival 
123 Flat Rock Playhouse 
.[' ■ 178 Henderson County School Enrichment 

179 Hendersonville City School Enrichment 

319 Henderson Dispute Center 



288 SENATE JOURNAL [Second Session 

Henderson County (continued) 

Local Appropriations (continued) - 

Sec. 320 Henderson Dispute Center 
321 Henderson Dispute Center 
Road Hunting Regulated 

S 756 (H 1577 H ppi) (Ch. 946) 21, 71. 

Hertford County — District 2 — Senator J. J. Harrington 
Local Appropriations 

S 187 (H 377) (Ch. 1114) 177, 181, 184, 186. 

Sec. 94 Murfreesboro Historical Associates 

96 Winton's Brown Hall ' ' ■- 

Higher Education 

Elementary and Secondary School Reform Act 

S 765 (Spec W & M Com) 24. 

H 1567 (Ch. 1103) 87, 114, 124, 159, 164, 171, 175. 

Mandatory Retirement Eliminated 

S 14 (H 48) (Ch. 1019) 55, 81, 111, 114, 116. 

Omnibus Local Appropriations 

S 187 (H 377) (Ch. 1114) 177, 181, 184, 186. 

Private College Licensing 

H 1535 (Ch. 1006) 87, 96, 110, 117. 

University of North Carolina 
Asheville 

Industrial Engineering Masters Program Funds 

S 854 (Appr Com/see H 1376-Ch. 1116) 85. 

Budget— 1984-85 

H 80 (Ch. 1034) 115, 137. 

Chapel Hill 

Daniels Bldg/Student Athletic Dev. Center 

S 852 (H ppi) 85, 89, 101, 109. 

H 1771 (Ch. 1061) 108, 123, 139, 145. 

North Carolina State University 

Erdahl-Cloyd Bldg/Admin Services Center 

S 852 (H ppi) 85, 89, 101, 109. 

H 1771 (Ch. 1061) 108, 123, 139, 145. 

Fletcher Center Funds — 1 

S 716 (Appr Com) 12. 

Fletcher Center Funds — 2 

S 800 (Appr Com) 50. 

Fletcher Center Funds — 3 

S 858 (H 1699 H ppi) (Appr Com/see H 1376-Ch. 1116) 86. 

Highway Patrol — see Law Enforcement 
Highways — see Transportation 

Hipps, Charles — Senator Cherokee, Clay, Graham, Haywood, 

■ ' Henderson, Jackson, Macon, Polk, Swain, 

and Transylvania — 29th District 

Absent With Leave 24. 

Adjournment Motion 179. 

Committee Assignment: 
Conference — 

HB 1332 153. 



1984] SENATE JOURNAL 289 

Hipps, Charles (continued) 

Bills and Resolutions — (Senate Bill Numbers) 

Primary Sponsor 705, 736, 779, 801, 814, 815, 848, 

853, 864, 873, 874, 875, 876. 

Co-Sponsor 716, 717, 718, 728, 730, 750, 755, 

756, 764, 765, 792, 800, 825, 860, 
861, 863, 865, 866, 867, 868, 869, 
870, 872, 877, 878, 879, 885, 888. 
Historical Properties — see Appropriations, Local Government; Individual County 
History, Museum of — see Appropriations (Museum) 
Hoke County — District 30 — Senator David R. Parnell 
Local Appropriations 

S 187 (H 377) (Ch. 1114) 177, 181, 184, 186. 

Sec. 55 Hoke Courthouse 
56 Hoke Library 
279 Hoke Literacy Council 
510 Hoke County Recreation Department 
512 Raeford/Hoke Industrial Development 
Holidays 

Good Friday Holiday Bill Allowed 

S 785 (Rules Com) 31. 

State Paid Holiday Legislative Approval 

H 1787 (failed 2nd rdg) 146. 

Holocaust 

Council Operational Expenses 

S 857 (Appr Com/see S 187-Ch. 1114) 86. 

Home/House — see Housing; Real Estate 
Homestead — see Appropriations; Taxation 
Hospice — see Medicine (Hospitals) 
Hospitals — see Medicine 
Hotel and Restaurant 

Room Occupancy Tax — see Individaul County 
House of Representatives — see General Assembly 
Housing — see also Individual County 
Finance 

Interest on Reserve 

H 1772 (Ch. 1062) 108, 125, 139, 145. 

Indian Housing/Non-Indians 

S 862 (Ch. 1068) 86, 96, 110, 144. 

Housing Finance Agency — see Housing 

Hunt, Jr., James B. — Governor — see State Officers (Governor) 
Hunt, Wanda — Senator Chatham, Moore, Orange (part), 

and Randolph — 16th District 
Committee Assignments: 
Conference — 

HB 933 177. 

Bills and Resolutions — (Senate Bill Numbers) 

Primary Sponsor 730. 

Co-Sponsor 731, 745, 746, 747, 748, 750, 759, 764, 

765, 770, 783, 796, 797, 818, 819, 
823, 824, 825, 827, 840, 849, 878. 
Hunting — see Natural and Economic Resources (Wildlife); Individual County 



290 SENATE JOURNAL [Second Session 

Hyde County — District 1 — Senator Melvin R. Daniels, Jr. 
Local Appropriations 

S 187 (H 377) (Ch. 1114) 177, 181, 184, 186. 

Sec. 454 Agriculture Awareness 

■■"■•■ ■■ - - _i_ 

Immunization — see Public Health 

Income Tax — see Taxation ' '- •■'■•"•" -■ ' '.'■' '■'■''''- ^>- ■ ■"-•■?jv;--k^'''; J «>;;„:; m- -\?/,; 

Incompetents — see Mental Health '.'.,'„'* ^■'^'' ' ^ ^'' '-■,'■ ■'""'■-■ ''-^ "'-■ ^ -■■'^■^ • •''■'■' 

Indians .S. -^ ,,";■■ .■„;^-r.,-;, ,:.;.,■:„"„■.- 'rjrju:, ■ ,.;v^H 

Cherokee Advisory Council Created 

H 1797 (Ch. 1085) 146, 158, 161. 

Cherokee Council Bill 

S 890 (Filed Status) 105, 120. 

Housing — Indians/Non-Indians 

S862(Ch. 1068) .......!....'....:.....:... 86, 96, 110, 114. 

Tribal Economic Development Project 

S 822 (Appr Com/see H 1376-Ch. 1116) 58. 

Inheritance — see Taxation 

Inmate — see Prison . 

Installment Sales — see Interest ■ ' ■- / ' - 

Insurance * ' 

Chemical Dependency Treatment >;(■■•.,, a;. 

S 724 (Ch. 1110) 13, 165, 178. 

Motor Vehicle 

Speeding Offense Points ■ ' ' ■, - 

H 1799 (Rules Com) 174. 

Teachers and State Employees Comprehensive Major Medical Plan 
Board of Trustees Appointment 

S 894 (Ch. 1092) 137, 161. 

H 1491 (Ch. 1070) 114, 120, 140, 144. 

Intangible Tax — see Taxation 

Interest ' - - 

Consumer Loan Late Payment Fee 

S 789 (Fin Com). . /. 49. 

Interstate Banking — see Banking 

Intoxication — see Alcohol Beverage Control; Criminal Law; Motor Vehicles 
Involuntary Commitment — see Mental Health 

Iredell County — District 2(5 — Senator T. Cass Ballenger •■''-,•. ,; ,:, , \; '-;: 

Senator WilHam W. Redman, Jr. . ^ '"'^ ; ' »' 

Local Appropriations ''' '' " ' ' ' 

^ S 187 (H 377) (Ch. 1114) 177, 181, 184, 186. 

Sec. 50 Iredell County Library 

51 Mooresville Library . , . ; ; ' 

57 Statesville City Hall , , ,i;;;^f:' , . ^ 

64 Native American Festival v'^v'r'v^ >^. :»;);, 'M^ \vj,a ^ 
School Systems 

H 1369 (Ch. 1048) 102, 107, 111, 144. 

Statesville Museum Lease 

H 1492 (Ch. 940) 27, 36, 52, 54. 



1984] ' : SENATE JOURNAL 291 

Jackson County — District 29 — Senator Charles W. Hipps 

Senator R. P. Thomas 
Local Appropriations 

S 187 (H 377) (Ch. 1114) 177, 181, 184, 186. 

Sec. 171 Western Carolina Historical Exhibit 
174 School Programs 

322 Dispute Center 

323 Dispute Center 

324 Dispute Center 

Jenkins, Jr., Cecil R. — Senator Cabarrus, Mecklenburg — 22nd District 

Adjournment Motion 23, 187. 

Committee Assignments: 
Conference — 

SB 430 165. 

HB 110 133, 147. 

HB 1283 153, 154. 

HB 1332 153. 

Standing — 

Judiciary I (Chairman) 6. 

Bills and Resolutions — (Senate Bill Numbers) 

Primary Sponsor 723, 729, 788, 794, 802, 803, 830, 831, 880. 

Co-Sponsor 702, 750, 764, 765, 783, 824, 825, 878. 

Johnson, Joseph E. — Senator Harnett, Lee, Wake (part) — 14th District 

Votes/Excused 

SB 706 180. 

HB 1365 125. 

Bills and Resolutions — (Senate Bill Numbers) 

Primary Sponsor 727, 808. 

Co-Sponsor 702, 730, 758, 766, 796, 825, 827, 837, 838. 

Johnston County — District 15 — Senator Robert D. Warren 
Four Oaks Annexation 

H 1576 (Ch. 981) 62, 77, 91, 95. 

Local Appropriations 

S 187 (H 377) (Ch. 1114) 177, 181, 184, 186. 

Sec. 108 Choral Society 
: 109 Library Funds 

< - -, .. 198 Johnston Technical Institute/Fire Tower Funds 

202 Cultural Arts Funds 
264 Courthouse Ramp Funds 
■ ■ 265 Council on Aging Funds 

•; 304 Princeton Beautification Funds 

429 Migrant Services Funds 

430 Kenly Tobacco Museum 
519 Selma Union Station 

Micro Annexation 

H 1516 (Ch. 943) 27, 36, 52, 63, 71. 

Joint Resolutions — see Resolutions, Joint 
Joint Session 

Invitation from Speaker of House 8. 

Budgetary Message from Governor 9, 193. 

Utilities Commissioner Confirmation 64. 



292 SENATE JOURNAL [Second Session 

Jones County — District 5 — Senator Harold W. Hardison 
Land Conveyance 

H 1562 (Ch. 960) 60, 79. 

Local Appropriations 

S 187 (H 377) (Ch. 1114) 177, 181, 184, 186. 

Sec. 26 Auditorium Funds 

278 Senior Citizens Funds '' ^ "' ' ' 

Road Hunting Referendum 

H 1559 (Ch. 979) 60, 72, 91, 95. 

Jordan III, Robert Byrd — Senator Anson, Montgomery, Richmond, 

Scotland, Stanly, and Union — 17th District 
Bills and Resolutions — (Senate Bill Numbers) 

Primary Sponsor 827. 

Co-Sponsor 702, 730, 745, 747, 748, 758, 

764, 765, 766, 783, 784, 797, 
818, 819, 824, 825, 849. 
Judges — see Judicial Department 
Judgment — see Civil Procedure 
Judicial Department 

Certificate-of-Need Appeals 

S 742 (H 1586 H ppi) (Ch. 1000) 19, 48, 69, 103. 

Courts Personnel/Equipment Appropriations 

H 1551 (Ch. 1109) 131, 132, 133, 178. 

Estate Administration Costs Reduced — 1 

S 728 (H Fin Com) 15, 37, 68. 

Evidence Statutes/Rules Conformed 

H 1739 (Ch. 1037) 88, 119, 131, 137. 

Retirement 

Court Retirement Systems Merged ■ " ' ' 

H 1681 (Ch. 1031) 88, 107, 126, 135. 

Credit Restoration 

H 687 (Ch. 1041) 114, 134, 137. 

Jury — see Judicial Department 
Juvenile — see Child Welfare; Judicial 

_K— -•- i' 

Kincaid, Donald R. — Senator Avery, Burke, Caldwell, 

Mitchell, and Wilkes— 27th District 

Remarks Spread (AUsbrook) 41. 

Bills and Resolutions — (Senate Bill Numbers) 

Primary Sponsor 721, 798. 

Co-Sponsor 702, 707, 753, 755, 764, 765, 824, 878. 



Labor Department : i 

Hazardous Workplace Information Study — 2 

H 1654 (reref Appr Com) 75, 138, 152. 

Landlord and Tenant — see Housing 

Landscape — see Contractors (Landscape) ' ' ' ' " '■' 

Larceny — see Criminal Law 



1984] SENATE JOURNAL 293 

Law Enforcement — see also Criminal Procedure; Civil Procedure 
Police Community Relations Funds 

S 808 (Appr Com/see S 187-Ch. 1114) 56. 

Private Protective Services Board Appointment 

S 842 (Ch. 1091) 84, 107, 124, 161. 

H 1491 (Ch. 1070) 114, 120, 140, 144. 

Radar Speed Watch Operator Funds 

S 820 (H 1715 H ppi) (Appr Com/see H 1376-Ch. 1116) 57. 

Rehabilitation 

Female Ex-Offender Funds (Wake) 

S 838 (Appr Com/see S 187-Ch. 1114) 74. 

Retirement Subsidy Phased Out 

S 878 (Appr Com) 100. 

Lawing, W. Craig — Senator (President Pro Tempore) Cabarrus, 

Mecklenburg — 22nd District 

Absent With Leave 11. 

Adjournment Motion 9, 11, 17, 23, 29, 34, 36, 53, 70, 82, 93, 

102, 115, 136, 142, 155, 160, 167, 179. 

Appointments 222. 

Committee Assignments: 
Conference — 

SJR 897 175, 184. 

HB 1376 179, 185. 

HB 1413 (Chairman) 153, 172. 

HB 1754 173, 174. 

Journal Approval Motion 5, 10, 14, 16, 18, 23, 29, 34, 37, 

54, 71, 82, 94, 103, 116, 136, 143, 155, 
160, 168, 179. 

Presides 157, 169. 

Bills and Resolutions — (Senate Bill Numbers) 

Primary Sponsor 737, 740, 741, 742, 743, 744, 750, 774, 

775, 821, 829, 842, 847, 878, 894, 897, 898, 901. 

Co-Sponsor 702, 783, 825. 

Lee County — District 14 — Senator Joseph E. Johnson 
Senator William W. Staton 
Senator Wilma C, Woodard 
Broadv^ay Property Tax Discount 

H 1623 (Ch. 1012) 87, 97, 109, 117. 

Local Appropriations 

S 187 (H 377) (Ch. 1114) 177, 181, 184, 186. 

Sec. 267 Sanford Center for Independent Living 
268 Sanford/TLC, Inc. 
Legislative Research Commission Studies — see Studies (LRC) 
Legislators/Legislature — see General Assembly 
Lenoir County — District 5 — Senator Harold W. Hardison 
Industrial/ Agricultural Development Commission 

H 1515 (reref Loc Gov Com) 27, 36, 53, 109. 

Local Appropriations 

S 187 (H 377) (Ch. 1114) 177, 181, 184, 186. 

Sec. 25 Black Artist Guild, Inc. (Kinston) 
61 Harmony Hall Funds 
79 Kinston Historic Property 
131 Lenoir Historical Association 
160 Kinston Library Funds 
451 Eastern Regional Jet Port 



294 SENATE JOURNAL [Second Session 

Liability Insurance — see Insurance 

License/Operator's — see Motor Vehicles > :^ . i 

License Plates — see Motor Vehicles (License Plate) 

Licensing 

Geologists Licensing Act 

S 555 (Ch. 1074) 145, 156. 

Hospice Licensure Act 

H 370 (Ch. 1022) 106, 111, 117. 

Medical License Fees Raised 

H 1777 (Ch. 1063) 106, 118, 131, 140, 145. 

Private College 

H 1535 (Ch. 1006) 87, 96, 110, 117. 

New Occupational and Professional Licensing Boards (Legislative Committee) 

H 110 (Ch. 1089) 133, 147, 154, 157, 158, 161. 

Occupational Therapy Licensing 

S 436 (Ch. 1073) 145, 156. 

Liens 

Crop Lien Filing Amendments 

S 723 (reref Appr Com/see H 1376-Ch. 1116) 13, 18, 29. 

Crop Liens Filing System 

S 729 (Appr Com/see H 1376-Ch. 1116) 15. 

Tax Lien Advertisement Once 

H 1676 (Ch. 1013) 75, 82, 93, 97, HI, 117. 

Lieutenant Governor — see State Officers (Senate President) 
Life Care Centers — see Medicine (Hospitals) > 

Lincoln County — District 25 — Senator Ollie Harris - 

Senator Helen R. Marvin 
Senator Marshall A. Rauch 
Cultural Center Lease 

S 738 (Ch. 944) 18, 71. 

Local Appropriations 

S 187 (H 377) (Ch. 1114) 177, 181, 184, 186. 

Sec. 19 Arts Council Funds 

62 Historical Council Funds 
Property Tax Discount 

H 1560 (Ch. 958) 60, 79. 

Weapon Permits 

H 1602 (Ch. 962) 62, 79. 

Liquor Regulation — see Alcoholic Beverage Control 
Livestock — see Agriculture 

Local Government — see also Individual County t 

Cities, Towns, and Municipalities 

Highway Improvements Include City Streets . , , 

S 817 (Ch. 1020) 57, 72, 76, 116. 

Subdivision Water System Dedication 

H 1283 (Ch. 1080) 107, 125, 127, 152, 154, 161, 163. 

County 

Cemetery Districts Allowed 

S 877 (Ch. 1078) 100, 109, 123, 156. 

Intangibles Tax Repeal/Reimburse 

S 753 (Fin Com) 20. 

Intangibles Tax Thresholds « ; : ; ;^ .; . 

S 750 (failed to concur) 20, 37, 69, 72, 76, 176. 



1984] SENATE JOURNAL 295 

Local Government (continued) 
Public Hospital Sales/Leases 

S 786 (reref St Gov Com) 31, 35. 

H 1709 (Ch. 1066) 107, 113, 126, 131, 141, 145. 

Retirement 

Local Government Benefits Increase 

H 1544 (Ch. 1044) 88, 107, 125, 142. 

Law^ Officers Subsidy Phased Out 

S 878 (Appr Com) 100. 

Public Employee Supplemental Income Plan 

S 758 (H ppi) 21, 38, 69. 

H 1500 (Ch. 975) 87, 95. 

Purchase of Service Credits 

S 815 (Ch. 1045) 57, 106, 124, 142. 

Local Occupancy Tax — see Individual County 
Lottery — see Criminal Lav^ (Gambling) 

— M— 

Macon County — District 29 — Senator Charles Hipps 

Senator R. P. Thomas 
Local Appropriations 

S 187 (H 377) (Ch. 1114) 177, 181, 184, 186. 

Sec. 66 Tribal Gathering 

178 Supplemental School Program 
308 Dispute Center 
Madison County — District 28 — Senator Robert S. Swain 

Senator Dennis Winner 
Local Appropriations 

S 187 (H 377) (Ch. 1114) 177, 181, 184, 186. 

Sec. 290 Refuse Truck 

296 Water Line Funds 
366 Sheriff Funds 
449 Housing Authority 
Magistrates — see Judicial Department 
Marine Fisheries — see Natural and Economic Resources 

Marion, Jr., George W. — Senator Alleghany, Ashe, Rockingham, 

Stokes, Surry, and Watauga — 24th District 

Adjournment Motion 53. 

Committee Assignments: 
Conference — 

SJR 892 175, 182. 

Remarks Spread (Allsbrook) 45. 

Bills and Resolutions — (Senate Bill Numbers) 

Primary Sponsor 767, 768, 805, 843, 883. 

Co-Sponsor 717, 730, 750, 766, 770, 772, 825, 878. 

Married Persons 

Divorce ; 

Alimony Enforcement During Appeal 

H 790 (reref Spec W & M) 17. 

Child Support/Payroll Deducation 

H 1701 (Ch. 1036) 107, 118, 130, 137. 

Marriage License Name Change 

H 933 (conf rpt adopted) 177. 



296 SENATE JOURNAL [Second Session 

Martin County — District 2 — Senator J. J. Harrington 
Districts — Senator Vernon E. White 
Local Appropriations 

S 187 (H 277) (Ch. 1114) 177, 181, 184, 186. 

Sec. 99 Asa Biggs Homeplace 

100 Gallery Theatre Funds .- - 

101 Martin County Players ' ' 
188 Carol Wilson Scholarship Fund 

276 Economic Development (Eastern NC) 
460 Community Action, Inc. 
Martin, William N. — Senator Guilford (part) — 31st District 

Bills and Resolutions — (Senate Bill Numbers) 

Primary Sponsor 833, 834, 835, 836. 

Co-Sponsor 702, 730, 755, 764, 765, 797, 825, 849, 878, 893. 

Marvin, Helen Rhyne — Senator Cleveland, Gaston, Lincoln, 

Rutherford— 25th District 

Adjournment Motion 70. 

Bills and Resolutions — (Senate Bill Numbers) 

Primary Sponsor 725, 738, 790, 791, 871. 

Co-Sponsor 702, 710, 714, 719, 720, 733, 745, 746, 747, 

748, 749, 753, 755, 764, 765, 766, 771, 
783, 797, 823, 824, 825, 827, 849. 
Mathematics and Science School — see Education 
McDowell County — District 28 — Senator Robert S. Swain 

Senator Dennis Winner 
Local Appropriations 

S 187 (H 377) (Ch. 1114) 177, 181, 184, 186. 

Sec. 157 Arts and Crafts Funds 
232 Foothills Mental Health 
288 Aging Council 
306 Family Services, Inc. 

503 Clean Community System 

504 Western NC Development Association 

505 Crabcreek Community Center 
Mecklenburg County — District 22 — Senator Cecil R. Jenkins, Jr. 

Senator Kenneth Harris 
Senator W. Craig Lawing 
Senator Benjamin T. Tison III 
Annexation Agreements 

H 1552 (Ch. 953) 59, 79. 

Charlotte 

City Council Voting 

H 1554 (Ch. 1008) 87, 96, 109, 117. 

Convention Center 

H 1556 (Ch. 956) 60, 79. 

Firemen's Retirement 

H 1557 (Ch. 1054) 52, 120, 139, 144. 

Redevelopment Commission Property Acquisition 

H 1605 (Ch. 964) 60, 79. 

Uptown Development 

H 1553 (Ch. 954) 60, 79. 



1984] SENATE JOURNAL 297 

Mecklenburg County (continued) 
Charlotte (continued) 

Uptown Development Repeal 

S 901 (Ch. nil) 173, 178. 

Zoning Petitions 

H 1555 (Ch. 955) 60, 79. 

Child Custody Mediation Pilot Program 

H 1551 (Ch. 1109) 131, 132, 133, 178. 

Huntersville Zoning Jurisdiction 

H 1609 (Ch. 966) 61, 80. 

Local Appropriations 

S 187 (H 377) (Ch. 1114) 177, 181, 184, 186. 

Sec. 11 James Polk Historic Site 

44 Hugh Torance House/Store 

45 Afro American Cultural Center 
67 Spirit Square Arts Center 

165 Matthews School Building Restoration 

184 WFAE Public Radio 

238 Matthews HELP Center 

240 Charlotte Family Support Center 

243 Mecklenburg Youth Council 

270 Gethsemane Enrichment Program 

293 Council for Children 

297 WTVI Capital Improvements 

492 Matthews Community Club 

530 Farmers' Market Funds 

531 Farmers' Market Funds 

532 Farmers' Market Funds 

533 Farmers' Market Funds 

534 Farmers' Market Funds 

535 Farmers' Market Funds 
Medicine 

Chiropractor Disciphne Grounds 

S 831 (Ch. 1067) 73, 144. 

Corneal Tissue Removal 

S 470 (Ch. 992) 75, 89, 102, 103. 

Drugs 

Chemical Dependency Treatment 

S 724 (Ch. 1110). 13, 165, 178. 

Hospitals 

Area Health Education Center Program 

H 1587 (Ch. 1056) 105, 128, 141, 144. 

Conflict-of-interest Rules 

H 1630 (Ch. 1058) 105, 129, 141, 144. 

Hospice Licensure Act 

f H 370 (Ch. 1022) 106, 111, 117. 

Life Care Centers Certificates — 1 

S 821 (Rules Com) 58. 

Life Care Centers Certificates — 2 

is 847 (Ch. 1046) 84, 107, 124, 142. 
Omnibus Local Appropriations 

t S 187 (H 377) (Ch. 1114) 177, 181, 184, 186. 

Public Hospital Sales/Leases 

H 1709 (S 786 reref St Gov Com) (Ch. 1066) 107, 113, 126, 

*^ 131, 141, 145. 



298 SENATE JOURNAL [Second Session 

Medicine (continued) 

Medical Equipment Sales Tax Revision ■ , 

H 9 (Ch. 1071) 118, 130, 156. 

Medical License Fees Raised 

H 1777 (Ch. 1063) 106, 118, 131, 140, 145. 

Nursing Homes 

Construction Moratorium Lifted ; 

S 744 (H 1585 H ppi) (Ch. 1001). 7 19, 48, 69, 103. 

Occupational Therapy Licensing 

S 436 (Ch. 1073) 145, 156. 

Mental Health 

Adolescent Treatment Funds/Dix 

S 751 (Appr Com/see S 187-Ch. 1114) 20. 

Adult Developmental Activity Program (Cleveland) 

S 720 (Appr Com) 13. 

Autism 

Autistic Adolescents/Triad Home 

S 849 (H 1773 H ppi) (Appr Com) 84. 

Autistic Adult Group Home Funds 

S 819 (Appr Com/see H 1376-Ch. 1116) 57. 

Autistic Group Home Purchase Funds 

S 796 (Appr Com/see S 187-Ch. 1114) 50. 

Autistic Adults Vocational Fund 

S 818 (Appr Com/see H 80-Ch. 1034) 57. 

Budget Special Provisions 

H 80 (Ch. 1034) 115, 137. 

Chemical Dependency Treatment 

S 724 (Ch. 1110) 13, 165, 178. 

Intermediate Care Facility Freeze Extended 

S 740 (H 1612 H ppi) (Ch. 998) 19, 48, 68, 103. 

Tri-County Mental Health Complex Funds 

S 769 (Appr Com) 25. 

Military 

License Plates for Reservists 

H 1772 (Ch. 1062) 108, 125, 139, 145. 

National Guard Armories Funds 

S 801 (Appr Com/see S 187-Ch. 1114) 50. 

Oak Ridge Academy Honored 

S 892 (conf rpt adopted) 137, 142, 152, 157, 175, 179, 181, 182. 

Oak Ridge Academy Recognized 

S 902 (adopted) 183, 192. 

Milk — see Agriculture 
Mineral Rights 
Extinguishing 

H 1794 (Ch. 1096) 146, 164, 167. 

Mitchell County — District 27 — Senator James H. Edwards 

Senator Donald R. Kincaid 
Money Judgments — see Civil Procedure 

Montgomery County — District 17 — Senator Robert B. Jordan HI 
,, Senator Aaron W. Plyler 



1984] SENATE JOURNAL 299 

Montgomery County (continued) 
Local Appropriations 

S 187 (H 377) (Ch. 1114) 177, 181, 184, 186. 

Sec. 83 Library Funds 

400 Fire Commission Funds 
411 Uwharrie Fire Department 
Moore County — District 16 — Senator Wanda H. Hunt 

Senator Russell Walker 
ABC Board Membership 

H 1558 (Ch. 957) 60, 79. 

Local Appropriations 

S 187 (H 377) (Ch. 1114) 177, 181, 184, 186. 

Sec. 117 Malcolm Blue Farms 

118 Weymouth Center 

119 Library Funds 

120 Aberdeen Station 

220 Pinetree Enterprises 

221 Children's Center 
370 Fire/Rescue Funds 

431 Southern Pines Field Lighting 
Mortgages 

Foreclosure Hearings Continuances 

S 634 (Ch. 1108) 174, 178. 

Motor Vehicles 

DWI School/County of Attendance 

H 1332 (Conf Com Appointed) 97, 110, 153. 

Identification Cards/11- Years Old 

H 1772 (Ch. 1062) 108, 125, 139, 145. 

Identification Cards/12- Years Old— 2 

S 832 (Appr Com/see H 1772-Ch. 1062/H 1376-Ch. 1116) 59. 

Insurance 

Speeding Offense Points 

H 1799 (Rules Com) 174. 

License Plate 

Civil Air Patrol Fee 

S 629 (H 1203 H ppi) (H Transp Com) 80, 89. 

Mihtary Reserve 

H 1772 (Ch. 1062) 108, 125, 139, 145. 

Registration 

Vehicle Re-Registration After Revocation 

S 880 (Ch. 1069) 100, 107, 124, 144. 

Safe Roads Act 
Amendments 

H 1660 (Ch. 1101) 120, 121, 128, 141, 175. 

Sales Tax 

Used Vehicles — 1 

S 726 (Fin Com) 14. 

H 1482 (Ch. 1065) 31, 80, 90, 101, 144. 

Used Vehicles — 2 

S 798 (Fin Com) 50. 

Motorboats — see Natural and Economic Resources 
Municipalities — see Local Government (Cities and Towns) 
Museum — see Appropriations (Museum) 



300 SENATE JOURNAL [Second Session 

— N — 

Nash County — District 10 — Senator Dallas L. Alford, Jr. ,„ 

District 11 — Senator James D. Speed 
Local Appropriations 

S 187 (H 377) (Ch. 1114) 177, 181, 184, 186. 

Sec. 163.1 Nash Historical Association - ; 

163.3 Public Library/Spring Hope, Middlesex, Nashville 
253 Tri-County Rehabilitation/Rocky Mount 
462 Rocky Mount Opportunities Industrialization Center 
National Guard — see Mihtary 

Natural and Economic Resources — see also Individual County 
Boats 

Alcohol Use in Recreational Boating Study 

H 1657 (Ch. 1059) 88, 121, 141, 144. 

Local Water Safety Committee 

H 1658 (Ch. 1082) 88, 157, 161. 

Boat Ramp Funds 
Cedar Island 

S 851 (Appr Com/see S 187-Ch. 1114) 84. 

Fisheries 

Fish Confiscation Amendments 

H 1778 (Ch. 1083) 146, 158, 161. 

Forestry 

Headquarters Funds 

S 708 (Appr Com/see S 187-Ch. 1114) 7. 

Natural Heritage Program Funds 

S 827 (H 1565 H ppi) (Appr Com/see H 1376-Ch. 1116) 73 

Phosphorus Detergents Limited 

H 1603 (unf rpt) 82, 180. 

Pollution Control 
Amendments 

H 1633 (Ch. 1014) 88, 97, 111, 117. 

Hazardous Waste Treatment Commission 

S 734 (H 1607 H ppi) (Ch. 973) 17, 36, 53, 63, 94. 

Rivers 

Ararat River Flood Control Funds 

S 805 (Appr Com) 56. 

Shellfish Waters Use Funds 

S 882 (Appr Com/see H 1376-Ch. 1116) 104. 

Wildlife 

Hunting/Fishing Without License 

H 385 (Ch. 972) 15, 17, 36, 53, 95. 

Wildlife Hatchery Funds 

S 874 (Appr Com/see S 187-Ch. 1114) 99. 

Natural Gas — see Energy (Utilities) 
Navigation 

Cape Fear Pilotage Commission Changes 

H 1451 (Ch. 1081) 156, 157, 161. 



1984] SENATE JOURNAL 301 

New Hanover County — District 7 — Senator J. A. Wright 
Local Appropriations 

S 187 (H 377) (Ch. 1114) 177, 181, 184, 186. 

Sec. 59 St. Thomas Church Restoration 

377 Castle Hayne Fire Department 

378 Wrightsboro Fire Department 
Room Tax Distribution 

H 1619 (Ch. 987) 82, 92, 95. 

Neonatal Care — see Public Health 

Northampton County — District 2 — Senator J.J. Harrington 
Local Appropriations 

S 187 (H 377) (Ch. 1114) 177, 181, 184, 186. 

Sec. 95 Museum Funds 

183 Community College Area Coordinator 
300 WVSP Moving Expenses Fund 
Nuclear — see Energy 
Nursing Home — see Medicine 

— O — 

Occupancy Tax — see Individual County 
Onslow County — District 4 — Senator A. D. Guy 
Jacksonville Annexation 

S 739 (Ch. 997) 19, 28, 32, 103. 

Local Appropriations 

S 187 (H 377) (Ch. 1114) 177, 181, 184, 186. 

Sec. 23 Museum Funds 

24 Art Council Funds 
71 Beirut Marine Council 
93 Swansboro Bicentennial Park 
215 Aging Council Funds 
266 ADAP Equipment Funds 
269 Carobell Center, Jacksonville 
275 M. H. Detox Funds 
Orange County — District 13 — Senator Kenneth C. Royall, Jr. 

Senator Wilham G. Hancock, Jr. 
District 1(5 — Senator Wanda Hunt 

Senator Russell Walker 
Chapel Hill Economic Development 

H 1563 (Ch. 961) 62, 79. 

Local Appropriations 

S 187 (H 377) (Ch. 1114) 177, 181, 184, 186. 

Sec. 115 Chapel Hill Preservation 
116 Alexander Dickson House 
222 Orange Industries, Inc. 
247 Orange/Durham YWCA Coaliton 
262 Women's Center Funds 
521 Eno River State Park 
One-Stop Voting Location 

H 1532 (Ch. 978) 59, 72, 91, 95. 



302 SENATE JOURNAL [Second Session 

— P — 

Pages, Senate — see General Assembly 
Pamlico County — Districts — Senator Joseph E. Thomas 
Local Appropriations 

Rescue Squad Funds (Sec. 414) • 

S 187 (H 377) (Ch. 1114) 177, 181, 184, 186. 

Parent — see Aged; Child Welfare; Judicial; Taxation. 
Parental Rights — see Judicial Department 
Parks — see Appropriations (Parks) 

Parnell, David R. — Senator Hoke and Robeson — 30th District 

Bills and Resolutions — (Senate Bill Numbers) 

Primary Sponsor 732, 735, 811, 822, 862. 

Co-Sponsor 702, 715, 750, 755, 764, 765, 783, 825, 878. 

Parole — see Prisons 

Pasquotank County — District 1 — Senator Melvin R. Daniels, Jr. -■>.....■■ 

Elizabeth City Election Schedule 

S 704 (Ch. 930) 7, 12. 

Pay Equity — see Studies 

Pay Raise, Teacher/State Employee — see Appropriations (Budget) 
Payroll Deduction — see State Personnel 

Penalty — see Criminal Law " - • ; 

Pender County — District 5 — Senator Harold W. Hardison 
District 7 — Senator J. A. Wright 
Local Appropriations 

S 187 (H 377) (Ch. 1114) 177, 181, 184, 186. 

Sec. 374 Pender Rescue Squad 

375 Maple Hill Fire Department 
392 Fire Departments Funds 
469 Watha Community Center 
478 Burgaw Depot Renovation 
Pensions — see Retirement 
Perpetuities — see Estates 

Perquimans County — District 1 — Senator Melvin R. Daniels, Jr. 
Local Appropriations 

Newbold-White House (Sec. 73) 

S 187 (H 377) (Ch. 1114) 177, 181, 184, 186. 

Person County — District 13 — Senator William G. Hancock, Jr. 

Senator Kenneth C. Royall, Jr. 
Commissioner's Primary 

H 1582 (Ch. 932) 22, 24. 

Local Appropriations 

S 187 (H 377) (Ch. 1114) 177, 181, 184, 186. 

Sec. 1 Person Place Funds 
284 Learning Center Funds 
Personnel — see State Personnel; Employment Security 
Physicians — see Medicine 
Pilot Law — see Navigation 

Pitt County — District 9 — Senator Vernon E. White , f i 

Land Lease Allowed 

H 1501 (Ch. 942) 27, 36, 52, 55. 



1984] SENATE JOURNAL 303 

Pitt County (continued) 
Local Appropriations 

S 187 (H 377) (Ch. 1114) 177, 181, 184, 186. 

Sec. 31 Winterville History and Arts 
32 Bethel Arts Council 
^ 132 Farmville Public Library 

' 133 Ayden Public Library 

134 Sheppard Memorial Library 

151 Farmville Arts Council 

152 Grifton Historical Museum 

' ■ 153 Ayden/Grifton Drama Playhouse 

I 189 ECU Summer Theater 

J ^ 190 ECU Friends of Music 

251 Family Violence Center 
; 252 Senior Citizens Center 

'I 277 Mental Health Funds 

!, 312 Gardner Fire Department 

\ 346 Pactolus Fire Department 

:' 347 Grimesland Fire Department 

I 348 Winterville Fire Department 

I 349 Eastern Pines Fire Department 

j; 350 Winterville Rescue Squad 

■: 352 Simpson Volunteer Fire Department 

; 353 Stokes Volunteer Fire Department 

i" 372 Belvoir Fire Department 

I 389 Pitt Rescue Squad 

I 390 Bell Arthur Fire Department 

i^ 405 Greenville Rescue Squad 

I 406 Simpson Development Funds 

I 423 Winterville Recreation 

I 464 Farmville Recreational Facilities 

I 465 Pitt-Greenville Chamber of Commerce 

I 467 Falkland Town Development 

i 468 Fountain Town Development 

I 529 Farmer's Market 

I Plyler, Aaron W. — Senator Anson, Montgomery, Richmond, Scotland, 

I Stanly, and Union — 17th District 

I Committee Assignments: 

I Conference — 

I HB 1413 153, 172. 

I Bills and Resolutions — (Senate Bill Numbers) 

Primary Sponsor 784, 816, 826. 

Co-Sponsor 755, 764, 765, 766, 783, 

797, 825, 827, 878. 
Police — see Law Enforcement 
Polk County — District 29 — Senator Charles Hipps 
Senator R. P. Thomas 
Board of Commissioners Membership Expanded 

H 1528 (Ch. 976) 81, 90, 95. 

Local Appropriations 

S 187 (H 377) (Ch. 1114) 177, 181, 184, 186. 

Sec. 84 Courthouse Funds 

181 County School Enrichment 
: .: ; 182 Tryon City School 



304 SENATE JOURNAL [Second Session 

Polk County (continued) 

Local Appropriations (continued) 

Sec. 295 Bates House Crisis Center 

328 Dispute Center 

329 Dispute Center 

Pollution Control — see Natural and Economic Resources 

Poultry — see Agriculture - , ■ 

Primary — see Elections 

Prison 

Chaplaincy Funds (Randolph) 

S 841 (Appr Com/see S 187-Ch. 1114) 84. 

Parole/Probation 

Community Service Restitution Program 

S 430 (Ch. 1098) 135, 141, 152, 159, 164, 166, 168. 

Women's Prison Cultural Funds (WINGS) 

S 812 (Appr Com/see H 1376-Ch. 1116) 57. 

Private Police — see Law Enforcement 
Privilege License — see Taxation 
Probation — see Prison 

Property — see also Married Persons; Real Estate 
Federal Property Plan Affirmed 

H 1775 (Res. 98) 132, 134, 145. 

Property Tax — see Taxation i 

Public Education — see Education 
Public Education Policy Council — see Education 
Public Health 

Corneal Tissue Removal . , 

S 470 (Ch. 992) 75, 89, 102, 103. 

District Health Boards Membership 

S 763 (Ch. 1077) 22, 118, 126, 156. 

Facilities 

Ambulatory Surgical Facihty Defined 

S 783 (Ch. 1064) 30, 55, 76, 136, 142, 143. 

Certificates-of-Need Appeals 

S 742 (H 1586 H ppi) (Ch. 1000) 19, 48, 69, 103. 

Certificate-of-Need Changes 

S 774 (H 1673 H ppi) (Ch. 1002) 25, 48, 69, 103. 

Health Education Facilities Sales (AHEC) 

H 1587 (Ch. 1056) 105, 128, 141, 144. 

Home Health Care Freeze Established 

S 741 (H 1613 H ppi) (Ch. 999) 19, 48, 68, 103. 

Major Medical Equipment Purchases 

S 775 (Rules Com) 25. 

Mentally Retarded Centers Freeze 

S 740 (H 1612 H ppi) (Ch. 998) 19, 48, 68, 103. 

Nursing Home Construction Moratorium Lifted 

S 744 (H 1585 H ppi) (Ch. 1001) 19, 48, 69, 103. 

Public Hospital Sales/Leases 

S 786 (H 1709-Ch. 1066) (reref St Gov Com) 31, 35. 

Hazardous Waste 

Disposal Site Inactive Hazardous Substance 

H 1383 (reref Appr Com) 55, 77, 102, 110. 

Hazardous Waste Treatment Commission 

S 734 (H 1607 H ppi) (Ch. 973) 17, 36, 53, 63, 94. 



1984] SENATE JOURNAL 305 

Public Health (continued) 

Hazardous Waste (continued) 

Hazardous Workplace Information Study — 2 

H 1654 (reref Appr Com) 75, 138, 152. 

Health Systems Agencies Funds 

S.743 (H 1614 H ppi) (Appr Com) 19. 

Hospice Licensure Act 

H 370 (Ch. 1022) 106, 111, 117. 

Life Care Centers Certificates — 1 

S 821 (Rules Com) 58. 

Life Care Centers Certificates — 2 

S 847 (Ch. 1046) 84, 107, 124, 142. 

Neonatal Metabolic Screening Urged 

H 1753 (Res. 81) 93, 96. 

Sanitary District 

Wilkes County Planning/Construction 

S 856 (Appr Com/see S 187-Ch. 1114) 85. 

Validation of Action 

S 848 (Ch. 1021) 74, 116. 

Waste 

Garbage Truck Fuel Tax Refund 

H 650 (Ch. 1025) 86, 106, 124, 127. 

Water/Sewer 

Condemnation/Power of Eminent Domain 

H 1795 (Ch. 1084) 146, 158, 161. 

Subdivision Water System Dedication 

H 1283 (Ch. 1080) 107, 125, 127, 152, 154, 161, 163. 

Public Holiday — see Holiday 

Public Housing — see Housing 

Public Markets — see Agriculture 

Public Schools — see Education 

Public Utilities — see Utihties 

Public Worker Deferred Compensation — see State Personnel 

Publications 

Shoppers' Guides Tax Exemptions 

H 1484 (reref Appr Com) 26, 81. 

— R— 

Radar — see Law Enforcement 
Raffle — see Criminal Law (Gambling) 
Railroad — see Transportation; Utilities 

Rand, Anthony E.— Senator Cumberland (part)— 12th District 

Committee Assignments: 
Conference — 

HB 1413 153, 172. 

Bills and Resolutions — (Senate Bill Numbers) 

Primary Sponsor 754, 783, 786, 820, 855, 895. 

Co-Sponsor 702, 714, 730, 740, 741, 742, 743, 

744, 745, 746, 747, 748, 755, 758, 
764, 765, 797, 825, 827, 878. 



306 SENATE JOURNAL [Second Session 

Randolph County — District 16 — Senator Wanda Hunt 

Senator Russell Walker -^ ': ■;; 

Franklinville Charter Revision 

S 759 (Ch. 1017) 21, 28, 32, 116. 

Liberty Charter Technical Change 

S 900 (Ch. 1102) 169, 175. 

Liberty Economic Development 

S 760 (Ch. 1015) 21, 28, 33, 116. 

Local Appropriations 

S 187 (H 377) (Ch. 1114) 177, 181, 184, 186. 

Sec. 345 Randolph Prison Chaplaincy 

432 Randolph Forestry Headquarters 
Rape — see Criminal Law (Sexual Offense) 

Rauch, Marshall A. — Senator Cleveland, Gaston, Lincoln, 

Rutherford— 25th District 

Absent With Leave 24. 

Adjournment Motion 9, 115. 

Remarks Spread (Allsbrook) 44. 

Bills and Resolutions — (Senate Bill Numbers) 

Primary Sponsor 710, 731, 733, 749, 752, 753, 771, 857. 

Co-Sponsor 719, 720, 725, 730, 738, 750, 755, 

764, 765, 766, 770, 791, 825, 871, 878. 
Redistricting — see General Assembly 

Redman, Jr., William W. — Senator Alexander, Catawba, Iredell, 

Yadkin— 26th District 

Remarks Spread (Allsbrook) 47. 

Votes/Excused 

SB 156 129. 

Bills and Resolutions — (Senate Bill Numbers) 

Primary Sponsor 896. 

Co-Sponsor 744, 750, 753, 755, 764, 765, 769, 824, 878. 

Rescue Squad — see Motor Vehicles (Emergency) 
Resolutions, Joint 

Three (3) resolutions commemorating and honoring individuals are alphabetized by 
the name of the person. 

Resolutions relative to studies are alphabetized under Studies. 

Adjournment, sine die 

S 897 (Res. 106) 162, 174, 175, 176, 183, 186, 187. 

Adult Literacy Month Declared 

S 886 (Res. 100) 119, 144. 

Board Membership — Women/Minorities Representation 

S 730 (Res. 99) 15, 48, 68, 136, 143. 

Congress Memorialized 

Social Security Disability Reform Urged 

S 825 (Res. 77) . . . ." 73, 94. 

Tobacco Federal Tax Drop Urged , ; 

S 787 (Res. 97) 34, 143. 

Education Legislative Session Urged 

S 755 (H 1568 H reref Rules) (Spec W & M Com) 21. 

Enabling Legislation (Pursuant to Res. 55, 1983 Session Laws) 

Airports Aid Bill — 1/see HB 1789 

H 1504 (Res. 85) 32, 96, 110, 113. 



1984] SENATE JOURNAL 307 

Resolutions, Joint (continued) 

Enabling Legislation (continued) 

Airports Aid Bill — 2/see HB 1788 

H 1510 (Res. 86) 32, 96, 110, 113. 

Airport Building Bill/see HB 1768 

H 1499 (Res. 69) 31, 49, 70, 72. 

Cable Television Theft Bill/see SB 845 

S 782 (Res. 65) 26, 54. 

Campbell Memorial Bill/see HB 1801 

H 1792 (Res. 102) 163, 166, 167. 

Cemetery Districts Bill/see SB 877 

S 777 (Res. 76) 26, 48, 69, 94. 

Charlotte Local Bill/see SB 901 

S 898 (Res. 104) 162, 172. 

Cherokee Council Bill/see HB 1797 

S 890 (filed status) 105, 120. 

H 1737 (Res. 94) 88, 121, 127. 

Chiropractor Discipline Bill/see SB 831 

SB 803 (Res. 63) 51, 54. 

Crime Codification Bill/see HB 1779 

H 1723 (Res. 79) 93, 96. 

Criminal Information Bill/see HB 1780 

H 1738 (Res. 95) 88, 121, 127. 

Cumberland Land Sale Bill/see SB 895 

S 855 (Res. 87) 85, 116. 

DMV Identification Cards Bill/see SB 832 

S 778 (Res. 66) 26, 54. 

DOT Municipal Street Bill/see SB 817 

S 713 (H 1489) (Res. 59) 11, 15, 37. 

DOT Water Line Bill/see HB 1793 

H 1573 (Res. 89) 51, 120, 127. 

District Health Board Membership/see SB 763 

S 884 (Res. 88) 104, 117. 

Education Board/Superintendent of Public Instruction 

S 828 (H Rules Com) 58. 

Evidence Rules Bill/see HB 1739 

H 1655 (Res. 61) 52, 55. 

Fish Confiscation/Federal Property Agency/ 
Math and Science School Bills/see HB 1775/1778 

H 1713 (Res. 73) 75, 80 

Good Friday Holiday Bill 

S 785 (Rules Com) 31 

Gubernatorial Single-Term Bill 

S 859 (Rules Com) 86, 97 

Indian Housing Bill/see SB 862 

S 811 (Res. 74) 56, 83 

Interstate Savings and Loan Bill/see SB 807 

H 1503 (Res. 57) 31, 35 

Impaired Driving Bill/see HB 1660 

H 1509 (Res. 56) 22, 24 

Legislative Leaders Term/Election Bill 

S 896 (Rules Com) 161 

Life Care Centers Bill/see SB 847 

S 829 (Res. 75) 58, 83 



308 SENATE JOURNAL [Second Session 

Resolutions, Joint (continued) 

Enabling Legislation (continued) .^ c 

Liberty Local Bill/see SB 900 

S 899 (Res. 103) 162, 168. 

Medical Examiners Fee Bill/see HB 1777 

H 1704 (Res. 78) 75, 89, 93, 95. 

Metabolic Screening Bill/see HB 1753 

H 1495 (Res. 68) 31, 49, 70, 71. 

Mineral Rights Notice Bill/see HB 1794 

H 1574 (Res. 90) 52, 121, 127. 

Nurse Home Moratorium Bill/see SB 744 

H 1717 (Res. 84) 75, 89, 102, 104. 

Oak Ridge Military Bill/see SJR 892 

S 893 (Res. 101) 128, 144. 

Political Raffles Bill/see HB 1798 

H 1670 (Res. 83) 75, 89, 102, 104. 

Raffles Bill/see HB 1754 

H 1531 (Res. 70) 32, 49, 70, 79. 

Safe Driver Insurance Bill/see HB 1799 

H 1776 (Res. 96) 114, 118, 131, 137. 

Sanitary District Bill/see SB 848 

S 705 (Res. 71) 7, 17, 23, 79. 

School Raffle Bill 

H 1581 (Rules Com) 52. 

Sewerage Condemnation Bill 

H 1694 (Res. 93) 75, 121, 127. 

Straight Ticket Voting Bill/see HB 1796 

S 889 (filed status) 105, 119. 

H 1683 (Res. 92) 61, 121, 127. 

Time Share Exemption Bill/see HB 1790 

H 1752 (Res. 80) 93, 96. 

Tobacco Tax Memorial Bill/see SJR 787 

S 809 (Res. 72) 51, 79. 

Vehicle Casual Sale Bill/see SB 798 

S 721 (Rules Com) 13. 

Vehicle Registration Bill/see SB 880 

S 830 (Res. 82) 73, 94. 

Vehicle Weight Bill 

H 1663 (Res. 91) 61, 121, 127. 

Wesley Webster Highway Bill/see SB 766 

S 772 (Res. 60) 25, 37. 

Federal Property Plan Affirmed 

H 1775 (Res. 98) 132, 134, 145. 

Multinationals State Tax Decried 

H 1486 (Res. 67) 31, 49, 69, 71. 

Neonatal Metabohc Screening Urged 

H 1753 (Res. 81) 93, 96. 

Oak Ridge Academy Honored 

S 892 (conf rpt adopted) 137, 142, 152, 157, 175, 179, 181, 182. 

Oregon Inlet Channel Opening Urged 

S 572 (H 1211) (H ppi) 
Utilities Appointments Confirmation 

H 1524 (Res. 62) 51, 55, 64. 



1984] SENATE JOURNAL 309 

Resolutions, Senate (Simple) 

Great Smokies Park Founding Honored 

S 717 (H 1477) (adopted) 12, 190. 

Oak Ridge Academy Recognized 

S 902 (adopted) 183, 192. 

Sports Festival in North Carolina Urged 

S 727 (H 1519) (adopted) 14, 191. 

Restoration — see Appropriations (Restoration) 
Retirement 

Federal Pay Exemption Increased 

S 156 (H ppi) 118, 122, 129. 

Firemen's Fund Refund 

S 478 (Ch. 1086) 145, 157, 161. 

Judicial Retirement Act 

Court Retirement Systems Merged 

H 1681 (Ch. 1031) 88, 107, 126, 135. 

Judicial Retirement Credit Restoration 

H 687 (Ch. 1041) 114, 134, 137. 

Judicial Retirement System 

H 1551 (Ch. 1109) 131, 132, 133, 178. 

Law Enforcement Officer's Retirement Benefits 
Subsidy Phased-Out 

S 878 (Appr Com) 100. 

Local Government 

Benefits Increased 

H 1544 (Ch. 1044) 88, 107, 125, 142. 

Purchase of Service Credits 

S 815 (Ch. 1045) 57, 106, 124, 142. 

Teachers and State Employees 
Benefits Restrictions 

H 1413 (Ch. 1106) 61, 134, 140, 153, 171, 173, 175. 

Board of Trustee Appointment 

S 894 (Ch. 1092) 137, 161. 

Death Benefits Payable 

H 1736 (Ch. 1049) 114, 134, 145. 

Mandatory Retirement Eliminated 

S 14 (H 48) (Ch. 1019) 55, 81, 111, 114, 116. 

NCAE/School Board Association Options 

H 1707 (Pen and Ret Com) 146. 

Part-Time Employment Retirement Credit 

S 826 (Pen and Ret Com) 73. 

H 1632 (Ch. 1030) 88, 106, 126, 135. 

Supplemental Income/Public Employee 

S 758 (H ppi) 21, 38, 69. 

H 1500 (Ch. 975) 87, 95. 

Temporary Employment Creditable Service 

S 776 (reref Appr Com) 26, 106. 

Revenue Bonds 

Revenue Department — see Taxation 

Richmond County — District 17 — Senator Robert B. Jordan III 

Senator Aaron W. Plyler 
Local Appropriations 

Rockingham/Richmond Library (Sec. 36) 

S 187 (H 377) (Ch. 1114) 177, 181, 184, 186. 



310 SENATE JOURNAL [Second Session 

Rivers — see Natural and Economic Resources and Wildlife 
Roads and Highways — see Transportation (Roads and Highways) 
Roanoke Voyages and Elizabeth II Commission ,, ,^, 

Name/Duties/Funds - 

H 1689 (Ch. 1115) (see also H 1376-Ch. 1116) 184, 187. 

Robbery — see Criminal Law 

Robeson County — District 30 — Senator David Russell Parnell 
Local Appropriations 

S 187 (H 377) (Ch. 1114) 177, 181, 184, 186. 

Sec. 13 "Strike at the Wind" 

136 Gilbert Patterson Library 

137 Rowland Depot Restoration 

138 St. Pauls Library 
162 Carolina Theater 

229 Robeson Community Center 
408 Lumberton Pohce Vehicle 

506 Robeson Community Center 

507 St. Paul Pool 

508 Robeson County Recreation Department 
511 Town of Rennert 

Lumberton 

City Council Vacancies 

H 1588 (Ch. 1009) 87, 97, 109, 117. 

Force Account Use Limit 

H 1536 (Ch. 950) 59, 71. 

Room Occupancy Tax 

H 1615 (Ch. 1028) 87, 97, 108, 122, 135. 

Uptown Development 

S 735 (Ch. 996) 18, 27, 32, 103. 

Orrum Charter Revision 

S 732 (Ch. 993) 16, 23, 27, 93, 101, 103. 

Rockingham County — District 24 — Senator Conrad R. Duncan, Jr. 

Senator George W. Marion, Jr. 
Local Appropriations 

S 187 (H 377) (Ch. 1114) 177, 181, 184, 186. 

Sec. 75 Madison Historic District 

76 Rockingham Theater Funds 

77 Eden Historic Restoration 

140 Reidsville Historic Property ; ^ 

142 Penn House ■ 

164 W. Rockingham School/Shiloh Fire 
441 Madison-May odan Recreation Commission 
Western Rockingham School Changes 

S 709 (Ch. 931) 7, 12. 

Rowan County — District 23 — Senator Jack Childers 

Senator Robert M. Davis 
Ambulance Liens 

S 712 (Ch. 933) 10, 24. 

Kannapolis School Pay Day 

H 1604 (Ch. 963) 62, 79. 



1984] SENATE JOURNAL 311 

Rowan County (continued) 
Local Appropriations 

S 187 (H 377) (Ch. 1114) 177, 181, 184, 186. 

Sec. 2 Salisbury Railroad Station 
47 Rowan Library 
89 Spencer Shops Historic Site 
227 Retarded Citizens Funds 
365 Rescue Funds 

446 Cannon Memorial YMCA Center 
Roy all, Jr., Kenneth C. — Senator Durham, Granville, Orange (part). 

Person — 13th District 

Adjournment Motion 14, 34, 102. 

Committee Assignments: 
Conference — 

SB 430 152, 165. 

SJR 897 176, 184. 

HB 1376 179, 185. 

Journal Approval Motion 11. 

Remarks Spread (Allsbrook) 45. 

Bills and Resolutions — (Senate Bill Numbers) 

Primary Sponsor 758, 787, 795, 809, 846, 859. 

Co-Sponsor 702, 703, 724, 727, 730, 745, 747, 748, 750, 762, 

763, 766, 783, 796, 818, 819, 825, 827, 887. 
Rules of Civil Procedure — see Civil Procedure 
Rules, Senate — see General Assembly (Senate — Rules) 
Rulings by President — see General Assembly (Senate — Rulings) 
Rutherford County — District 25 — Senator Ollie Harris 

Senator Helen R. Marvin 
Senator Marshall A. Rauch 
Littering Enforcement 

H 1529 (Ch. 977) 59, 72, 91, 95. 

Local Appropriations 

S 187 (H 377) (Ch. 1114) 177, 181, 184, 186. 

Sec. 85 Rutherfordton Norris Library 
86 Art Council Funds 

501 Betchler Mine Funds 

502 Town of Chimney Rock Funds 

— S — 

Safe Roads Act — see Motor Vehicles 
Salaries — see also Appropriations (Budget); Labor 
Merit Pay Reserve 

S 837 (Appr Com/see H 80-Ch. 1034) 74. 

State Employees Increase 

H 80 (Ch. 1034) 115, 137. 

Sales Tax — see Taxation 

Sampson County — District 15 — Senator Robert D. Warren 
Local Appropriations 

S 187 (H 377) (Ch. 1114) 177, 181, 184, 186. 

Sec. 196 Alumni Renovation 
257 Dog Pound 

371 Roseboro Rescue Squad , 
376 Turkey Fire Department 



312 SENATE JOURNAL [Second Session 

Sampson County (continued) 

Local Appropriations (continued) 

Sec. 428 Sampson Migrant Service 

470 Harrells Neighborhood Center 

471 Ingold Community Center 

472 Taylors Bridge Community Center 

473 Piney Grove Community Center 

474 Mingo Community Center 

475 Westbrook Community Center 

476 Sampson Livestock Association Arena 

477 Clinton/Sampson Recreation Department 

478 Burgaw Depot Renovations 

479 Garland Recreation Department 
Sanitarians — see Public Health 

Sanitary Districts — see Public Health 
Savings and Loan — see Banks 
School Bus — see Education; Motor Vehicles 
Schools — see Education 

Science and Mathematics School — see Resolutions, Joint 
Scotland County — District 17 — Senator Robert B. Jordan HI 

Senator Aaron W. Plyler 
Local Appropriations 

S 187 (H 377) (Ch. 1114) 177, 181, 184, 186. 

Sec. 280 Scotland House, Inc. 
281 Scotland Literacy Funds 
509 Recreation Department Funds 
Temperance Hall/John Charles McNeill House 

S 784 (Appr Com/see S 187-Ch. 1114) 30. 

Senate — see General Assembly 

Senate Resolutions — see Resolutions, Senate (Simple) 

Senatorial Districts 3. 

Sewer — see Public Health (Waste) 
Sexual Offense — see Criminal Law 

Shellfish — see Natural and Economic Resources (Wildlife) 
Sheriff — see Law Enforcement 
Sine Die Adjournment — see General Assembly 
Sinking Fund — see Appropriations 
Social Security — see Resolutions (Joint) 
Solar Energy — see Energy 

Soles, Jr., R. C. — Senator Bladen, Brunswick, Columbus, 

Cumberland (part) — 18th District. 

Absent With Leave 5, 10, 11, 14, 16, 18, 24, 30, 34, 

37, 54, 71, 83. 

Adjournment Motion 167. 

Committee Assignments: 
Conference — 

HB 1332 153. 

Bills and Resolutions — (Senate Bill Numbers) 

Primary Sponsor None. 

Co-Sponsor 878. 



1984] SENATE JOURNAL 313 

Speed, James D. — Senator Franklin, Nash (part), Vance, 

Wake (part)— nth District 

Remarks Spread (Allsbrook) 43. 

Bills and Resolutions — (Senate Bill Numbers) 

Primary Sponsor 761 , 776. 

Co-Sponsor 702, 715, 750, 755, 764, 765, 

783, 824, 825, 878. 
Sports Festival — see Resolutions, Senate 
Spouse — see Married Persons 

Stanly County — District 17 — Senator Robert B. Jordan III 

Senator Aaron W. Plyler 
Local Appropriations 

S 187 (H 377) (Ch. 1114) 177, 181, 184, 186. 

Sec. 14 Museum of Albemarle 
143 Badin Library 
263 Oakboro Community Building 

380 Crime Prevention Funds 

381 Richfield-Misenheimer Fire Department 

382 New London Fire Department 
402 Norwood Fire Department 
409 Aquadale Fire Department 

447 Aycock Brown Welcome Center 
491 Agriculture Learning Center 
State Board of Education — see Education 
State Officers 

Budget Special Provisions 

H 80 (Ch. 1034) 115, 137. 

Governor 

Gubernatorial Single Term Bill 

S 859 (Rules Com) 86, 97. 

Lieutenant Governor James C. Green — President of the Senate 

Addresses the Senate 47, 169. 

Administers Oath — Senator Phillip W. Taylor 6. 

Appointments — see Appointments (Lieutenant Governor) 

General Assembly (Senate — Committees) 

Presides Daily Session (Senate) 5, 10, 11, 14, 16, 17, 23, 29, 34, 

36, 54, 70, 82, 94, 102, 113, 116, 126, 132, 133, 136, 
143, 155, 159, 160, 165, 167, 172, 173, 179, 180, 186. 

Presides Joint Meeting/Session 9, 64. 

State Parks — see Appropriations 
State Personnel — see also Appropriations 
Child Support/Payroll Deduction 

H 1701 (Ch. 1036) 107, 118, 130, 137. 

Death Benefits Payable 

H 1736 (Ch. 1049) 114, 134, 145. 

Deferred Compensation, NC Public Employees 
Board of Trustees Appointment 

S 894 (Ch. 1092) 137, 161. 

Incentive Pay Program, EstabHsh/Administer 

H 1517 (Ch. 995) 32, 49, 70, 103. 

Merit Pay Reserve 

S 837 (Appr Com/see H 80-Ch. 1034) 74. 



314 SENATE JOURNAL [Second Session 

State Personnel (continued) 

Retirement • . 

Benefits Restrictions 

H 1413 (Ch. 1106) 61, 134, 140, 153, 171, 173, 175. 

Eliminate Mandatory Retirement — Age 70 

S 14 (H 48) (Ch. 1019) 55, 81, HI, 114, 116. 

Part-time Retirement Credit Purchase 

S 826 (Pens and Ret Com) 73. 

H 1632 (Ch. 1030) 88, 106, 126, 135. 

State Prison — see Prison 

Staton, William W. — Senator Harnett, Lee, Wake (part) — 14th District 

Absent With Leave 34, 37, 54, 71. 

Committee Assignments: 
Conference — 

HB 1754 173, 174. 

Bills and Resolutions — (Senate Bill Numbers) 

Primary Sponsor 726, 780, 782, 785, 845. 

Co-Sponsor 727, 730, 751. 755, 758, 764, 

765, 796, 808, 837, 878. 
Stokes County — District 24 — Senator Conrad R. Duncan, Jr. 

Senator George W. Marion, Jr. 
Local Appropriations 

S 187 (H 377) (Ch. 1114) 177, 181, 184, 186. 

Sec. 147 Rock House Funds 

148 Stoke Great Ways Road .V 

Studies 

Child Support 

H 80 (Ch. 1034) 115, 137. 

Legislative Research Commission 
Various Studies Authorized 

H 738 (Ch. 1112) 55, 70, 89, 101, 168, 169, 182. 

Administrative Procedure Act/Additional Funds 
Cafeteria- Style Benefits Program for Teachers/State Employees 
Coastal Submerged Lands 
Credit Insurance and Interest Rate Study 
Criminal Justice Information System Computerized Records 
Disabihty Review Commission Continuation 
: Hazardous Wastes Strict Liability 
Legislative Office Building 
Medical Cost Containment, Additional Funds 
Pubhc Education Policy Council, Additional Funds 
State Parks Study Commission 
Special Study Committee 

Hazardous Workplace Information Study — 2 

H 1654 (reref Appr Com) 75, 138, 152. 

Nantahala Gorge (Natural and Economic Resources) 

S 853 (Appr Com) 97. 

Teacher Summer Employment Study/Funds 

S 885 (Appr Com) 119. 

Wildlife Resources/Alcohol Use in Recreational Boating 

H 1657 (Ch. 1059) 88, 121, 141, 144. 

Sunset Provisions — see Boards and Commissions ; , ' 



1984] SENATE JOURNAL 315 

Surry County — District 24 — Senator Conrad R. Duncan, Jr. 
Senator George W. Marion, Jr. 
Local Appropriations 

S 187 (H 377) (Ch. 1114) 177, 181, 184, 186. 

Sec. 17 Mt. Airy Restoration 

145 Rockford Restoration 

146 Edward Franklin House 
497 Pilot Mountain Foundation 

Swain County — District 29 — Senator Charles Hipps 
Senator R. P. Thomas 
Local Appropriations 

S 187 (H 377) (Ch. 1114) 177, 181, 184, 186. 

Sec. 177 School Enrichment Funds 

325 Dispute Center Funds 

326 Dispute Center Funds 

327 Dispute Center Funds 
416 Smokies Heritage Festival 

Swain, Robert S. — Senator Buncombe, Madison, McDowell, 

Yancey— 28th District 

Adjournment Motion 160. 

Committee Assignments: 
Conference — 

SB 430 152, 165. 

HB 110 133, 147. 

HB 933 177. 

HB 1283 (Chairman) 153, 154. 

HB 1332 153. 

Escorts Governor 8. 

Remarks Spread (Allsbrook) 41. 

Bills and Resolutions — (Senate Bill Numbers) 

Primary Sponsor 778, 812, 832, 858, 889, 890. 

Co-Sponsor 702, 726, 734, 764, 783, 810, 825, 854, 878. 

— T— 

Tally, Lura S. — Senator Cumberland (part) — 12th District 

Bills and Resolutions — (Senate Bill Numbers) 

Primary Sponsor 714, 824. 

Co-Sponsor 702, 730, 745, 746, 747, 748, 754, 

755, 764, 765, 766, 783, 790, 797, 
818, 819, 825, 827, 849, 878. 
Taxation 

Budget Special Provisions/1984-85 

H 80 (Ch. 1034) 115, 137. 

Collection Agencies Authorization 

H 1488 (Ch. 1005) 26, 96, 110, 117. 

Gasoline/Special Fuel 

Garbage Truck Refund 

H 650 (Ch. 1025) 86, 106, 124, 127. 

Gasohol Refund Amendments 

H 1483 (Ch. 1003) 22, 96, 110, 117. 



316 SENATE JOURNAL [Second Session 

Taxation (continued) 

Gift Tax Exclusion Shared by Spouse 

H 104 (Ch. 1024) 86, 106, 124, 127. 

Homestead Exemption 
Limits Increased 

S 746 (H 1647 H ppi) (reref Appr Com) 19, 80. 

Income 

Conservation Tillage Equipment Credit 

H 541 (Ch. 969) 37, 69, 76, 83. 

Cystic Fibrosis Exemption 

S 731 (Ch. 1075) 16, 38, 68, 156. 

Federal Retirement Pay Exemption Increase 

S 156 (H ppi) 118, 122, 129. 

Gleaned Crops Credit 

H 1099 (Ch. 1018) 38, 63, 76, 117. 

Multinationals State Tax Decried 

H 1486 (Res. 67) 31, 49, 69, 71. 

Parent-support Deduction 

S 21 (H 45) (Ch. 1072) 118, 126, 129, 154, 156. 

Solar Tax Credit, Corporate 

H 665 (Ch. 1104) 53, 80, 165, 175. 

Solar Tax Credit, Individual 

H 666 (Ch. 1105) 53, 80, 165, 175. 

Utilities Tax Federal Refund 

H 1513 (Ch. 1097) 59, 106, 123, 140, 151, 168. 

Income/Inheritance 

Double Taxation Elimination 

H 89 (reref Appr Com) 81. 

Inheritance 

Credit for Spouse 

H 158 (Ch. 1032) 86, 117, 130, 137. 

Gift Tax Annual Exclusion ($10,000) 

H 88 (Ch. 1023) 86, 106, 124, 126. 

Joint Tenants Exemption 

H 1697 (Ch. 1035) 108, 118, 130, 137. 

Intangible 

Repeal/Reimbursement 

S 753 (Fin Com) 20. 

Thresholds 

S 750 (failed to concur) 20, 37, 69, 72, 76, 176. 

Lien Advertisement Limitation 

H 1676 (Ch. 1013) 75, 82, 93, 97, 111, 117. 

Property 

Nuclear Materials Exemption 

H 1682 (Ch. 1060) 93, 118, 130, 139, 145. 

Repeal of Various Laws 

H 1485 (Ch. 1004) 31, 96, 110, 117. 

Sales and Use 

Currency/Bullion Exemption 

S 737 (H 1534 H Fin Com) (H failed 2nd rdg) 18, 37, 68. 

Printers' Component Parts Exemption 

H 1484 (reref Appr Com) 26, 81. 



1984] SENATE JOURNAL 317 

Taxation (continued) 

Sales and Use (continued) 

Medical Equipment Revision 

H 9 (Ch. 1071) 118, 130, 156. 

Public Radio Refund 

H 1652 (Fin Com) 146. 

Used Vehicles — 1 

S 726 (Fin Com) 14. 

H 1482 (Ch. 1065) 31, 80, 90, 101, 144. 

Used Vehicles — 2 

S 798 (Fin Com) 50. 

Taylor, Phillip W. — Senator Edgecombe (part), Halifax (part), 

Warren — 6th District 

Certificate of Appointment to Senate 5. 

Committee Assignments: 6. 

Standing — 

Judiciary I (Vice Chairman) 

Appropriations — Appropriations/General Government — Base Budget — 
Human Resources — Public Utilities and Energy — Rules and Operations of 
the Senate — Ways and Means 

Oath of Office 6. 

Remarks Spread (Allsbrook) 43. 

Bills and Resolutions — (Senate Bill Numbers) 

Primary Sponsor 886. 

Co-Sponsor 702, 715, 750, 755, 764, 

765, 823, 824, 825, 878. 
Teacher — see Education 
Teacher Retirement — see Retirement 
Technical Institutes — see Higher Education 
Telephone — see Utilities 

Cable Television Services/Theft/Misdemeanor 

S 845 (H 1757 H reref J HI Com) (Ch. 1088) 84, 96, 110, 119, 

126, 128, 132, 161. 
Tenant — see also Housing 

Inheritance Tax Exemption 

H 1697 (Ch. 1035) 108, 118, 130, 137. 

Therapy — see Medicine 

Thomas, Joseph E. — Senator Carteret, Craven, Pamhco — 3rd District 

Absent With Leave 10, 30, 34. 

Bills and Resolutions — (Senate Bill Numbers) 

Primary Sponsor 734, 851, 882. 

Co-Sponsor 702, 713, 715, 730, 750, 755, 764, 

765, 766, 817, 825, 827, 878. 

Thomas, R. P. — Senator Cherokee, Clay, Graham, Hayw^ood, Henderson, 

Jackson, Macon, Polk, Swain, and Transylvania — 29th District 

Adjournment Motion 36, 136. 

Bills and Resolutions — (Senate Bill Numbers) 

Primary Sponsor 716, 717, 718, 756, 777, 792, 800, 860, 

861, 863, 865, 866, 867, 868, 869, 870, 
872, 877, 879, 885, 888. 

Co-Sponsor 730, 750, 755, 764, 765, 779, 825, 

827, 864, 873, 874, 875, 876, 878. 
Timber — see Natural and Economic Resources (Forestry) 



318 SENATE JOURNAL [Second Session 

Tison III, Benjamin T. — Senator Cabarrus, Mecklenburg— 22nd District 

Adjournment Motion 155. 

Bills and Resolutions — (Senate Bill Numbers) 

Primary Sponsor None. 

Co-Sponsor 702, 733, 750, 755, 764, 765, 824, 825, 829, 847, 878. 

Tobacco — see Agriculture 

Toxic Substances — see Public Health .. , ; ,:,; i 

Transportation 

Airports — see individual county ;, 

Railroads : - / : 

AMTRAK Piedmont Crescent (Passenger Service) 

H 80 (Ch. 1034) 115, 137. 

Roads and Highways 
Budget/Salaries 

H 80 (Ch. 1034) 115, 137. 

State Highway Improvements Include City Streets 

S 817 (Ch. 1020) 57, 72, 76, 116. 

Water Lines in Highways 

H 1793 (Ch. 1090) 146, 159, 161. 

Wesley Webster Highway Named 

S 766 (Ch. 974) 22, 94. 

Transylvania County — District 29 — Senator Charles Hipps 

Senator R. P. Thomas 
Local Appropriations 

S 187 (H 377) (Ch. 1114) 177, 181, 184, 186. 

Sec. 180 Transylvania County School Enrichment 

333 Transylvania Dispute Center . -; 

334 Transylvania Dispute Center . - -.■-■■-. 

335 Transylvania Dispute Center i y; 
Trials — see Civil Procedure; Criminal Procedure '• 

Trucks — see Motor Vehicles ' 

Tyrrell County — District 1 — Senator Melvin R. Daniels, Jr. 

— U — 

Unemployment — see Employment Security 
Unified Commercial Code 

Crop Lien Filing Amendments 

S 723 (reref Appr Com/see H 1376-Ch. 1116) 13, 18, 29. 

Union County — District 17 — Senator Robert B. Jordan III 
Senator Aaron W. Plyler 
Local Appropriations 

S 187 (H 377) (Ch. 1114) 177, 181, 184, 186. 

Sec. 9 Temperance/McNeil House 

36 Rockingham-Richmond Library 

37 Old Union Courthouse 
161 Andrew Jackson Memorial 

354 Union County Fire Departments •<: i r, 

484 City of Monroe 

485 Town of Indian Trail 

486 Town of Marshville .xr-.i <:■' 

487 Town of Stallings 



1984] SENATE JOURNAL 319 

Union County (continued) 

Local Appropriations (continued) 

Sec. 488 Town of Waxhaw 

489 Town of Weddington 

490 Town of Wingate 
United States — see Constitution 
University — see Higher Education 
Utilities 

Commission 

Appointments Confirmation 

H 1524 (Res. 62) 51, 55, 64. 

Electrification 

Utilities Tax Federal Refund 

H 1513 (Ch. 1097) 59, 106, 123, 140, 151, 168. 

Railroad 

AMTRAK (Passenger Service) 

H 80 (Ch. 1034) 115, 137. 

Telephone 

Access/Rates 

H 1365 (Ch. 1043) 114, 125, 142. 

— V — 

Vance County — District 11 — Senator James D. Speed 

Local Appropriations 

S 187 (H 377) (Ch. 1114) 177, 181, 184, 186. 

Sec. 91 Perry Memorial Library 
Veterans — see Military 
Voting — see Election Laws 

Voting by Senator, Excused — see Individual Legislator 
Voting Equipment Inoperative (Senate) 

June 21, 1984 (part) 68. 

June 22, 1984 71. 

June 25, 1984 (part) 83. 

June 28, 1984 (part) 122. 

July 2, 1984 (part) 143. 

July 2, 1984 (remainder of Session) 152, 

July 3, 1984 156. 

July 5, 1984 160. 

July 6, 1984 168. 

July 7, 1984 179. 

— W — 

Wages — see Appropriations (Budget) 

Wake County — District 11 — Senator James D. Speed 

District 14 — Senator Joseph E. Johnson 
Senator William W. Staton 
Senator Wilma C. Woodard 
ABC Board Composition 

H 578 (Ch. 1040) 113, 137. 



320 SENATE JOURNAL [Second Session 

Wake County (continued) 
Local Appropriations 

S 187 (H 377) (Ch. 1114) 177, 181, 184, 186. 

Sec. 80 Holt House 

110 Artspace, Inc. 

111 Gary Historical Clock , , 

112 Morrisville Town Hall 

113 Carolina Theater 

114 Spring Hill House 
156 Operation Raleigh 

203 Shelley School Child Development 

210 Dix Adolescent Treatment Funds 

211 Autistic Adult Group Home 
241 Tammy Lynn 

245 Wake Respite Care 

282 Wake Life Experiences 

283 Wake Health Education Center 
291 Rolesville Senior Citizens Center 
294 PoUce Comm. Relation Training 
311 Garner Rescue Squad 

339 Correction Department Vocational Program 
343 Gethsemane-Rainbow 

425 Wendell Park Improvements 

426 Wake Forest Town Development 
459 Wake Water Study 

School Board Offices Elections 

H 1543 (Ch. 952) 62, 79. 

Walker, Russell — Senator Chatham, Moore, Orange (part), 

Randolph — 16th District. 
Committee Assignments: 
Conference — 

SB 14 56, 112. 

Bills and Resolutions (Senate Bill Numbers) 

Primary Sponsor 759, 760, 818, 819, 825, 840, 841, 899, 900. 

Co-Sponsor 702, 730, 733, 745, 746, 747, 748, 

750, 755, 758, 764, 765, 766, 770, 
783, 796, 823, 827, 849, 862. 
Ward, Marvin — Senator Forsyth (part) — 20th District 

Committee Assignments: 
Conference — 

SB 14 56, 112. 

SB 430 152, 165. 

Bills and Resolutions — (Senate Bill Numbers) 

Primary Sponsor 724. 

Co-Sponsor 702, 714, 730, 745, 746, 747, 748, 750, 764, 

765, 766, 790, 797, 823, 825, 827, 878. 
Warren County — District 6 — Senator JuHan R. Allsbrook 

Senator Phillip W. Taylor 
Local Appropriations 

S 187 (H 377) (Ch. 1114) 177, 181, 184, 186. 

Sec. 236 Warren County Hospital 



1984] SENATE JOURNAL 321 

Warren, Robert D. — Senator Johnston, Sampson — 15th District 

Remarks Spread ( Allsbrook) 46. 

Bills and Resolutions — (Senate Bill Numbers) 

Primary Sponsor 755, 764, 765, 828. 

Co-Sponsor 702, 733, 745, 746, 747, 748, 766, 783, 825. 

Washington County — District 1 — Senator Melvin R. Daniels, Jr. 
District 2 — Senator J. J. Harrington 
Local Appropriations 

S 187 (H 377) (Ch. 1114) 177, 181, 184, 186. 

Sec. 72 Latham House Funds 
Waste — see Public Health 

Watauga County — District 24 — Senator Conrad R. Duncan, Jr. 

Senator George W. Marion, Jr. 
Local Appropriations 

S 187 (H 377) (Ch. 1114) 177, 181, 184, 186. 

Sec. 6 Jones 

86 Rutherford Arts Council 
235 Watauga Senior Citizens 
410 Todd Fire Department 
Water Safety — see Natural and Economic Resources 
Wayne County — District 8 — Senator Henson P. Barnes 
Goldsboro Property Distribution 

S 757 (Ch. 947) 21, 71. 

Local Appropriations 

S 187 (H 377) (Ch. 1114) 177, 181, 184, 186. 

Sec. 185 Herman Park 4-H School 
187 Wayne Homework Hotline 
237 Community Development School 
249 Wayne Sheltered Workshop 

302 Wayne Boys Club 

303 Mt. Olive Boys Club 
369 Wayne Fire Blankets 
422 Waynesborough Park 

White, Vernon E. — Senator Beaufort (part), Martin (part), 

Pitt— 9th District 

Adjournment Motion 17, 142. 

Escorts Governor 8. 

Remarks Spread (Allsbrook) 40. 

Bills and Resolutions — (Senate Bill Numbers) 

Primary Sponsor 702, 804, 850. 

Co-Sponsor 715, 745, 747, 748, 755, 764, 765, 823, 825, 878. 

Wildlife — see also Natural and Economic Resources; Individual County 
Wilkes County — District 27 — Senator James H. Edwards 

Senator Donald R. Kincaid 
Local Appropriations 

S 187 (H 377) (Ch. 1114) 177, 181, 184, 186. 

Sec. 167 Wilkes Community College Improvement 
213 Sanitary District 421 
McGrady Fire Department Funds 

S 891 (Appr Com/see H 1376-Ch. 1116) 135. 

Willie M.— see Mental Health 
Wills — see Estates 



322 SENATE JOURNAL [Second Session 

Wilson County — District 10 — Senator Dallas L. Alford, Jr. 
Local Appropriations 

S 187 (H 377) (Ch. 1114) 177, 181, 184, 186. 

Sec. 209 Eastern School for Deaf 

253 Tri-County Rehabilitation — Rocky Mount 

452 Wilson Redevelopment Corporation 

453 Wilson Opportunities Industrialization 

Winner, Dennis — Senator Buncombe, McDowell, Madison, Yancey — 28tli District 

Absent With Leave 30, 179. 

Bills and Resolutions — (Senate Bill Numbers) 

Primary Sponsor 728, 810, 854. 

Co-Sponsor 702, 727, 755, 764, 765, 783, 825, 857, 858, 878. 

Womens Prison — see Prison 

Woodard, Wilma C. — Senator Harnett, Lee, Wake, (part) — 14th District 

Bills and Resolutions — (Senate Bill Numbers) 

Primary Sponsor 751, 796, 837, 838. 

Co-Sponsor 702, 714, 727, 730, 755, 758, 765, 

766, 783, 797, 808, 818, 819, 823, 825, 827, 849. 
Workers' Compensation 
Filing Extended 

H 721 (tabled) 132, 134, 140. 

Ten- Worker Farms 

H 1261 (Ch. 1042) 114, 124, 142. 

Wright, J. A. — Senator New Hanover, Pender (part) — 7th District 

Absent With Leave 18, 24, 37. 

Bills and Resolutions — (Senate Bill Numbers) 

Primary Sponsor None. 

Co-Sponsor 733, 753, 824, 878. 

— Y — Z — 

Yadkin County — District 26 — Senator T. Cass Ballenger 

Senator William W. Redman 
Local Appropriations 

S 187 (H 377) (Ch. 1114) 177, 181, 184, 186. 

Sec. 81 Richmond Hill Law School 
Yancey County — District 28 — Senator Robert S. Swain 

Senator Dennis Winner 
Local Appropriations 

S 187 (H 377) (Ch. 1114) 177, 181, 184, 186. 

Sec. 52 Appalachian Theatre 
53 Parkway Playhouse 
239 Yancey Council 
443 Yancey Mine Reclamation 
Youth — see Child Welfare; Judicial 



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